How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

On 24 March at a hearing where I and the solicitor for the

Customer Question

On 24 March at a hearing where I and the solicitor for the defendant attended an order was made that amongst other things the defendant to file and serve a cost budget by 3 May.
The defendant did not file a cost budget.
On 14 June an order was made that because no cost budget filed the defence cost budget was reduced to court fees only. A further order was that the defendant and claimant having both not complied with the order of 24 March then unless the defendant or claimant did complied with the order by 1 August their claim or difference be automatically struck out without any further order of the court.
I complied with the order the defendant solicitors did not.
On 3 August I received a letter attached
The defendants solicitor has now applied for an order (without a hearing) setting aside or amending the order and giving relief from sanctions.
My case is that defendant solicitors attended the hearing on 24 March so was aware of the order even if he did not receive written confirmation of it. Therefore their cost budget of court fees only must stand.
I am trying to find out which address the court sent the documents to and why they were not received, if indeed they were not received.
Shall I simply write to the court stating that I object to the order applied for and that there should be a hearing where I can put our case for the order not to be amended.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you,

What would you like to know about this today please?

Customer: replied 1 year ago.
Please answer my question. I do not wnat a live discussion.Thanks
Alan
Expert:  Ash replied 1 year ago.

Yes I need to know what is it you want to achieve please?

Customer: replied 1 year ago.
The unless order stated that unless the defendant replied by the date specified the defence was struck out. I therefore want this order upholding and the defence struck out. I also don't know how to reply to his application. As he asked for it not to be at a hearing where I can state my case for the defence to be struck out. How do I respond ? Do I simply write t the court with my reasons or request a hearing or possibly both.
Expert:  Ash replied 1 year ago.

You need to make a cross application that it IS struck out.

You need to do this on form N244:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

You need to ask for a hearing - then once you have made a formal application its likely that their application and your cross application will be heard at a hearing

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Just one final question. The sum involved is very large £150,000 is our claim (professional negligence by a solicitor in a house purchase). We are very short of funds and cannot fund this case through normal legal channels so are doing it ourselves. I used to be involved with a building company so I am experienced in court cases. If there is a good chance the defence could be struck out I would employ a barrister to attend the hearing and give a real good go. If however the judge is very unlikely to throw out a defence on a technicality then I would attend myself and give it a go. Do you think it is likely to get struck out, very unlikely or somewhere in between..
Expert:  Ash replied 1 year ago.

Yes you could instruct a public access barrister.

It may be worth trying it for this to have it stuck out once and for all.

Can I clairfy anything else?

Customer: replied 1 year ago.
Do you know of one I could employ ?
Expert:  Ash replied 1 year ago.

You can find one here:

www.mybarrister.co.uk

www.clerksroomdirect.com

http://www.barcouncil.org.uk/using-a-barrister/public-access/

Does that clarify?