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Hi,
Hope someone can help.
I (the claimant) received the courts orders (and so did the defendants solicitors), which seemed to contain some 'errors' re who should do what.
As a result the defendants solicitors wrote to the court to advise them of these concerns, and subsequently assumed the court would make the changes he suggested.
The dates for those actions have now past, and the defendant hasn't carried out those directions on the basis that he assumes the court will make the corrections he suggested but as yet nothing has been received, and it is now over a week since these action date passed.
I understand the 'slip rule' maybe used to allow the court to update the order (typographical errors), but one of my main concerns is that the court order made no provision for witness statements. The defendant objected to this as well, and again as a result has left the witness statement he is relying on, in the courts bundle, despite the court not making provision for any witness statements. Am I correct that the slip rule cannot fundamentally change the original court order?
Also given that even if the court did update the order re dates set, it would appear that the defendant has still missed deadlines which were valid on the day they should have been adhered to, and given he has defied the court by including documents in his bundle that are not part of the court order, am I at liberty to submit an N244 and request that the defence and counter claim is struck out. The defendants solicitors have already found to have breached CPR rules concerning email service, and now this.
Given he is legally trained I would expect him to know better.
PS, also the bundle he has submitted is a shambles, no page numbering, no section dividers, missing documents etc etc
Hope someone can help.
I (the claimant) received the courts orders (and so did the defendants solicitors), which seemed to contain some 'errors' re who should do what.
As a result the defendants solicitors wrote to the court to advise them of these concerns, and subsequently assumed the court would make the changes he suggested.
The dates for those actions have now past, and the defendant hasn't carried out those directions on the basis that he assumes the court will make the corrections he suggested but as yet nothing has been received, and it is now over a week since these action date passed.
I understand the 'slip rule' maybe used to allow the court to update the order (typographical errors), but one of my main concerns is that the court order made no provision for witness statements. The defendant objected to this as well, and again as a result has left the witness statement he is relying on, in the courts bundle, despite the court not making provision for any witness statements. Am I correct that the slip rule cannot fundamentally change the original court order?
Also given that even if the court did update the order re dates set, it would appear that the defendant has still missed deadlines which were valid on the day they should have been adhered to, and given he has defied the court by including documents in his bundle that are not part of the court order, am I at liberty to submit an N244 and request that the defence and counter claim is struck out. The defendants solicitors have already found to have breached CPR rules concerning email service, and now this.
Given he is legally trained I would expect him to know better.
PS, also the bundle he has submitted is a shambles, no page numbering, no section dividers, missing documents etc etc
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