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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
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: 4 months ago.
Category: Law
Expert:  Ash replied 4 months ago.

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

What was the breach of the Court order please?

Customer: replied 4 months ago.
They did not provide a statement or evidence of the amount i owe them in the time allowed
Customer: replied 4 months ago.
I did and raised this that i have not had any documents and the judge threw the case out
Expert:  Ash replied 4 months ago.

At trial?

Customer: replied 4 months ago.
No did not get to the date as they did not comply initiall
Customer: replied 4 months ago.
hello?
Customer: replied 4 months ago.
are you there?
Expert:  Ash replied 4 months ago.

Yes.

Customer: replied 4 months ago.
Can you respond to the above
Expert:  Ash replied 4 months ago.

yes I am just considering it

Expert:  Ash replied 4 months ago.

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

Customer: replied 4 months 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 4 months ago.
It was thrown out and now she applied for sanctions
Expert:  Ash replied 4 months ago.

Ok - so it was struck out without a hearing?

Customer: replied 4 months ago.
Expert:  Ash replied 4 months ago.

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

Customer: replied 4 months ago.
No its states dated 14th of July - The claimant may wish to consider seeking legal advise for application for relief
Customer: replied 4 months ago.
It also states " Please inform the claimant that i see no reason to unilaterally set aside the order of the DDJ"
Customer: replied 4 months ago.
Hello?
Expert:  Ash replied 4 months 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 4 months 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 4 months ago.
my argument is that she simply did not comply in time and has no justified reason for not doing so?
Expert:  Ash replied 4 months ago.

Correct.

Does that assist?

Customer: replied 4 months ago.
What are the chances of her gaining relief based on this point
Expert:  Ash replied 4 months ago.

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

Customer: replied 4 months ago.
Ok what is the 3 stage test test
Expert:  Ash replied 4 months 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 4 months ago.
ok thanks
Expert:  Ash replied 4 months ago.

Can I clarify anything else for you today please?

Customer: replied 4 months ago.
No thank you
Expert:  Ash replied 4 months 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.

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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