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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have recently received an order to attend a relief from

Resolved Question:

Hi
I have recently received an order to attend a relief from sanctions as a defendant. The claimant did not comply with the correct papers in time. I am not sure what this means and what happens
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

What was the breach of the Court order please?

Customer: replied 1 year ago.
They did not provide a statement or evidence of the amount i owe them in the time allowed
Customer: replied 1 year ago.
I did and raised this that i have not had any documents and the judge threw the case out
Expert:  Ash replied 1 year ago.

At trial?

Customer: replied 1 year ago.
No did not get to the date as they did not comply initiall
Customer: replied 1 year ago.
hello?
Customer: replied 1 year ago.
are you there?
Expert:  Ash replied 1 year ago.

Yes.

Customer: replied 1 year ago.
Can you respond to the above
Expert:  Ash replied 1 year ago.

yes I am just considering it

Expert:  Ash replied 1 year ago.

Was it at a case management conference it was struck out?

Customer: replied 1 year ago.
Basically she applied to take me to court for an amount of money i owe her. We had to both submit statements after i defended the claim. We was order to attend court on a date and before that send in proof of the claim and proof of defence. As i had not recieved any proof of the claim and i had sent my docs as requested i wrote to the judge saying i have not had any documents and asked the case to be quashed as she had missed the deadline to send to the court and a copy to the claimant
Customer: replied 1 year ago.
It was thrown out and now she applied for sanctions
Expert:  Ash replied 1 year ago.

Ok - so it was struck out without a hearing?

Customer: replied 1 year ago.
Expert:  Ash replied 1 year ago.

Does that Court order say they can apply to set it aside within 7 days?

Customer: replied 1 year ago.
No its states dated 14th of July - The claimant may wish to consider seeking legal advise for application for relief
Customer: replied 1 year ago.
It also states " Please inform the claimant that i see no reason to unilaterally set aside the order of the DDJ"
Customer: replied 1 year ago.
Hello?
Expert:  Ash replied 1 year ago.

Ok - so this is set down for a hearing. The Judge will consider the application. You can decide whether you want to oppose it.

The Judge will use the following test:

1) Is the breach significant

2) Is there a good reason for it

3) All the circumstances of the case.

Clearly you can oppose it if you did not have any evidence which should have been served. This is a very significant breach. At this stage I do not know if there was a good reason. If, for example, someone had been in a coma and they were unable to give a statement until they just woke up, that would be a good reason.

But if they just couldnt get the evidence in time this is not a good reason.

So there will be a hearing and the 3 stage test above will be applied.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
ok, As you know you are given ample time to submit evidence about 2.5 months. She did not comply i understand she did not read the order properly and was on annual leave 1 week before it was due as the final submission date.
Customer: replied 1 year ago.
my argument is that she simply did not comply in time and has no justified reason for not doing so?
Expert:  Ash replied 1 year ago.

Correct.

Does that assist?

Customer: replied 1 year ago.
What are the chances of her gaining relief based on this point
Expert:  Ash replied 1 year ago.

I dont think she will and the case will remain struck out.

Customer: replied 1 year ago.
Ok what is the 3 stage test test
Expert:  Ash replied 1 year ago.

Did you not see I said it above:

The Judge will use the following test:

1) Is the breach significant

2) Is there a good reason for it

3) All the circumstances of the case.

Customer: replied 1 year ago.
ok thanks
Expert:  Ash replied 1 year ago.

Can I clarify anything else for you today please?

Customer: replied 1 year ago.
No thank you
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

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