Thank you. On the other post, can I trouble you to ask the expert to opt out please and then I can pick up that thread on which you pay the fee?
It will then come back onto the board and I can pick it up.
Meanwhile, I will answer you on here.
The relief from sanctions application is basically an apology and asking for their claim not to be struck out for late service of documents.
You can defend the application for relief and ask for the claim to be struck out but in all honesty, it’s probably going to be a waste of time. Judges routinely allow documents to be served late which I must admit I find rather frustrating.
What they should have done of course is ask for an extension because then you also would know where you were working. The annoying thing about the application for relief is that it means that solicitors are routinely late. If more cases were struck out for missing deadlines, they wouldn’t miss the deadlines!
What I would suggest you did however because this is clearly take the considerable amount of time for the claimant’s solicitors to put together and if in the event your defence is not successful for any reason, you don’t want to pay the solicitors costs for putting this together which is going to be several hundred pounds. Hence, agree that you will not defend it on the basis that they agree not to ask for costs in respect of the application if the matter ultimately proceeds to trial.
If it does go to trial, and you are successful, you would also want your costs for considering this because this is through no fault of your own .
Incidentally, the application, on page 2 is what is colloquially known as “snowballing”. This is where they had everything out to hide relevant facts. At the end of clause 2 on the second page, they admit that this is a procedural error on their behalf. The rest of it is just padding.