Hello my name is ***** ***** I will help you with this.
What was the breach of the Court order please?
yes I am just considering it
Was it at a case management conference it was struck out?
Ok - so it was struck out without a hearing?
Does that Court order say they can apply to set it aside within 7 days?
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?
Does that assist?
I dont think she will and the case will remain struck out.
Did you not see I said it above:
Can I clarify anything else for you today please?
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.