Defendant failed to provide bundle

[legaleaglet]

Hi guys, Defendant in £10k small claims court case failed to provide bundle in accordance with Judge's directions. I need to file for a default judgment, which form do I need to use for a fixed cost claim? Many thanks as always!

[R0b]

I believe the correct form you need for a fixed amount is Form N225

[atticus]

I am not sure that you will get a default judgement for this. What exactly does the Order say?

[legaleaglet]

I am not sure that you will get a default judgement for this. What exactly does the Order say?

the order states:

1. Each party must deliver to the other party and to the Court office copies of all documents on which that party intends to rely at the hearing no later than 3 April 2023.

2. The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this Order.

[atticus]

Paragraph 2 contains the possible sanction. No chance of a default judgement for failure to comply with paragraph 1.

Remind the judge of para. 2 at the hearing.

Could it be that the other party has no documents on which it intends to rely?

[legaleaglet]

Paragraph 2 contains the possible sanction. No chance of a default judgement for failure to comply with paragraph 1.

Remind the judge of para. 2 at the hearing.

Could it be that the other party has no documents on which it intends to rely?

Well, they did file a defence argument when they received the initial papers. So, I would have expected them to submit something really.

[atticus]

You should concentrate in proving your case by reference to the material available. If need be, remind the judge of para 2 if material is provided late.

Read the Defence. Could it be that the Defendant thinks it can argue either that you have not proved your case or that your case does not show legal grounds of action? I have successfully represented defendants on this basis.