court late actioning a strike out application

[miliitant]

THIS IS JUST TO CONFIRM A SINARIO, IF MYSTERY1 IS LOOKING IN, I WOULD BE OBLIGED FOR A COMMENT

when a court claim has been submitted and a CPR 31.14 request has been sent.
the claimant does not comply with the request so an N244 application is put inn with draft directions for a strike out. the claimant has been given an extra 28 days to come up with the goods as to CPR 15.5, but still fails to comply with the 31.14 request.

now the N244 application has been sitting in the court for TWO WEEKS TO BE SEEN BY A JUDGE DUE TO THE BACKLOG.

the time limit to comply on the application (draft application) has now expired

now also the 28 day extension as to CPR 15.5 HAS EXPIRED AS WELL

that means the defence needs to be submitted

BUT

the N244 application notice to throw out the claim for failure of the cpr 31.14 request needs to be actioned first by the judge, but that is sitting in the back log at the court, i do hope the claimant does not apply for judgement by default sneeky tactics as no defence has been submitted due to the court being tardy

comments please

not concerned, just curious

[mystery1]

Re: court late actioning a strike out application

That's getting to the limits and, possibly beyond, my knowledge as i haven't seen any consequence of this before, however i would see it that the n244 would be ahead of default judgement application in the courts processing queue and therefore the application for an order would be seen first and as far as i'm aware when an order is being processed a default judgement should not be entered. I think whether granted or denied you would get time to enter a defence. If you suspect your application might be declined then it might be prudent to enter a defence if one exists.

Hopefully someone with more knowledge or experience can assist.

M1

[miliitant]

Re: court late actioning a strike out application

many thankd mystery1

says alot for something as important as court routine and the consequence of not complying with applications due to lack of staff is denying the individual justice through budgetary constraints

access to the legal system is a right from the head of state to the smallest individual and needs to be fair and just all the time

rant over