Relief from sanctions.

[JMcG]

In an ongoing SCT county court case, the D has received a court order which, in one place, it states that a response must be made to C by 22/11/2022.
In another place it states that info is to be swapped 14 days before the hearing date (April 2023).(Std directions).
Unfortunately the first date was overlooked (English not first language).
There is no evidence or exhibits to disclose....D will just use C's evidence & statements against them.
But do you think a formal app for relief from sanctions will be needed?

Thanks.

NB The response is now ready & can be sent today.

[JMcG]

Could I be awfully cheeky & give this a wee bump, please?
I really would value opinion on this, as it would be a shame for D's defence to be kicked out on Denton principles, esp as D has every chance of success with the case.
(Parking pcn claim, but C has behaved abominably throughout, both pre litigation & during it).
Sincere apologies if I've transgressed.

[atticus]

If you don't intend to serve statements, why would you need relief from sanctions for not serving statements? What is the sanction from which relief might be sought?

Am I missing something?

[JMcG]

If you don't intend to serve statements, why would you need relief from sanctions for not serving statements? What is the sanction from which relief might be sought?

Am I missing something?

Hi ATTICUS, thanks for the response.

A court order required the C to send a WS & evidence to D during Nov 2022
D was then reqd to respond to that within 28 days.
But elsewhere on the same order, it gave standard directions (14 days before the scheduled hearing, April 2023)..
D didn't have any further evidence to submit in response to the Nov WS/exhibits, so assumed that only the '14 day' bit was applicable. (D was happy to proceed on C's submitted evidence only)*.
I'm unsure whether, or to what extent, Denton applies, or whether an app for relief is needed.
I don't know how much leeway LiP's are given nowadays. (Or should that be L's i P?)

*Statutory Notice not compliant, no (landowner) authority as required by legislation & Code of Practice, site sign incapable of forming a (unilateral) contract & more.

[atticus]

That does not help me understand how you answer my questions. What is the sanction from which relief might be sought?

[JMcG]

That does not help me understand how you answer my questions. What is the sanction from which relief might be sought?

From the defence being struck out.

[atticus]

Is that in the order? You have not previously mentioned it.

[JMcG]

Is that in the order? You have not previously mentioned it.

Apologies, yes it's mentioned.

[atticus]

Then you need to do whatever needs to be done to avoid that outcome.

[JMcG]

Then you need to do whatever needs to be done to avoid that outcome.

We are trying to check the court record to make sure there hasn't been a strike out application. Unfortunately, D is in Zimbabwe atm....family emergency.

[JMcG]

Then you need to do whatever needs to be done to avoid that outcome.

Just a quick update.
We finally, after an absolute age, managed to get through to the hub call centre.
There isn't any mention of a strike-out app, so we'll bang in a response pdq & keep fingers crossed.

Thanks for your input, atticus.