Hi there - professional negligence claim

[jonnyd85]

Ah, okay - I'd assumed that if he got it set aside, then I'd be the 'losing party' and so would be liable?

I am starting to see that litigation is all about patience so I will await further instructions

[jonnyd85]

Ah, okay - I'd assumed that if he got it set aside, then I'd be the 'losing party' and so would be liable?
I am starting to see that litigation is all about patience so I will await further instructions

[jonnyd85]

des8Â*or anyone, it has been a few weeks since the n244 came through. Is it worth contacting the court to find out what is happening, and if so is it best to phone or email?Â* The court is probably busy, but am worried I've somehow missed the post

[des8]

No reason not to phone the court, but I suspect it is just held up in the backlog.

[jonnyd85]

Cool. Wondered if it was worth checking with Northampton if they'd actually sent anything to him snail mail as he is relying on not receiving an email?

[des8]

The courts will only use email for correspondence, including requests for availability dates for hearings, issues concerning reports, general enquiries on specific proceedings, and the service of court documents, where a court user explicitly requests this

[jonnyd85]

Cool. Wondered if it was worth checking with Northampton if they'd actually sent anything to him snail mail as he is relying on not receiving an email?

[jonnyd85]

Sorry not sure why it posted that twice

[jonnyd85]

Ok, so they will definitely have written to him?* Odd defence then. I don't mind the set aside if he genuinely hasn't had it, but it smacks of dog eating your homework!

[jonnyd85]

des8 - a small update. I rang the relevant county court (rang the second they opened) and had a pleasant chat with the woman working there. The judge has ordered it be listed for a 30 minute hearing - she asked if there were any days I couldn't do, and I told her which they were but said I didn't really mind as I know it must be a scheduling nightmare in the run up to Christmas!

I'm not sure what will happen next - do I have to attend the hearing (it's about an hour away from where I live)? I have very limited information to go on in respect of actually contributing to the hearing usefully - I would just rather avoid any attendant costs like discovering I have to pay the fee for the set-aside or something similar

[des8]

If you are not particularly fussed you could just write to the court advising you have no objection to the set aside.
This shows you have not ignored the court and you are not being unreasonable.

[jonnyd85]

From what I've read, they are likely to award it anyway despite a lack of witness statement etc. I assume not objecting means the set aside would be granted by default?

A letter along the lines of the below then, but with a bit of topping and tailing?

To Whom It May Concern:

RE: Case number XXXX

I am the Claimant in the above referenced case. I have received notification of a hearing to consider an application by the Defendant to set the judgement aside, and am aware that a hearing is to be listed to consider this application. Receiving the application from the court was the first I had heard of this application as the Defendant has not contacted me at any time to discuss this matter.

Although I have not received a copy of witness statement nor a copy of a draft defence in support of the application and so cannot comment on its merits or otherwise, I do not in principle object to the set aside and so do not plan to attend the hearing.

I believe the statements made above to be true.

Jonnyd

[des8]

[jonnyd85]

des8*- general order in the post. Won't post up the whole thing but it orders

The court to sent the defendent the claim form, N9B defence and counter claim form with the order

the Defendant file and serve his draft defence that he proposes to rely on in around 7 days*

That the set aside will be dismissed if he doesntserve the defence.

Gives a date and time for the hearing (I might be off then anyway)

Encourages us to talk to each other and come to an agreement.* Then separately if the defendant wishes to withdraw or the Claimant accepts that the judgement be set aside that we have to tell the court more than 24hours in advance

Will wait for the defence before taking further steps I think - the order seems fairly straightforward and reasonable - unless anyone thinks otherwise

[jonnyd85]

The deadline for the defence to be served is tomorrow. Worth calling the court on Wednesday to see if he's filed it, assuming nothing comes tomorrow?

It would technically be a breach of the order to not serve, but he may not understand the difference. If he doesn't file, then presumably the set aside falls?