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Solicitor states I am liable for their costs for hearing if i disagree consent order

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  • #31
    1. No. you need to make a formal application. I take it you have read the guide for LiPs - link in my signature.

    2. Have the solicitors indicated that they will accept service by email? And if you do use email, make sure it is one to which they can reply. Do not play silly buggers.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #32
      Originally posted by atticus View Post
      1. No. you need to make a formal application. I take it you have read the guide for LiPs - link in my signature.

      2. Have the solicitors indicated that they will accept service by email? And if you do use email, make sure it is one to which they can reply. Do not play silly buggers.
      I haven't read it all yet, been getting bogged down with reading other things.
      They have provided an e-mail address on the claim form - if that is classed as an indication?

      Comment


      • #33
        1. No, unless you have the claimant's consent
        2. Yes as the solicitor has provided an email address on the claim form
        3. Yes but you should state the email address is temporary and you will email the new address the moment it is changed

        Comment


        • #34
          I'm not sure what to do. To file an extension will take even more time and then I still may not get a reply before the deadline, so where does that leave me then? It is also an unless order so I don't know how strict they are on granting extensions with an unless order. Do you think I would be better just doing the best I can and submitting it? Are there any options open to me afterwards?

          Comment


          • #35
            URGENT help needed!

            1. Following on from my last post, does an extension of time application halt proceedings to give me some more time?
            2. Or can the claimants still apply for judgement in default because I have not submitted a defence by stated deadline?
            3. Also are there any advantages to the other party if I ask for an extension?
            4. What action could they take?
            5. Also N244 doesn't make sense when applying for extension. Where is states
            what order - I just state order for extension of time?
            5. Would making an extension application have any bearing on whether or not the case is stuck out for claimant not complying with order?
            Last edited by Hope4justice; 18th June 2024, 13:37:PM.

            Comment


            • #36
              1. No.
              2. Yes.
              3. None that I can think of, but if you can get your defence in on time without an extension , you should do it.
              4. Yes. State what you are applying for. Be specific about the length of the extension you seek and the reasons.
              5. If such an order has been made, it should stand on its own and not be linked to anything else.

              EDIT TO ADD:
              6. Reading post #34, I see you have dropped in the fact that you are up against an 'unless' order. Don't fart around. If at all possible, get your defence in asap.
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #37
                1. No. - That's really strange because I was told by the court today that it does halt things, so now I am really worried and confused as to why they would say that
                2. Yes - again as above
                3. None that I can think of, but if you can get your defence in on time without an extension , you should do it - I don't think there is any possible way now that I can as I was relying on what the court office told me today
                4. Yes. State what you are applying for. Be specific about the length of the extension you seek and the reasons - Would asking for more than 28 days be pushing it?
                5. If such an order has been made, it should stand on its own and not be linked to anything else.

                EDIT TO ADD:
                6. Reading post #34, I see you have dropped in the fact that you are up against an 'unless' order. Don't fart around. If at all possible, get your defence in asap.[/QUOTE] - Sorry, didn't know that was important. I think it is an unless order but it doesn't state it - should it say unless order?

                It states - "If the Claimant fails to file the particulars of claim as set out in Paragraph 4 then the Claim shall stand struck out by this order"
                "If the Defendant Fails to file and serve the Defence as set out in Paragraph 5 of this Order then the Claimants are at liberty to apply for Judgement in deafault".
                Which comes first the chicken or the egg?

                Comment


                • #38
                  Court staff should not be relied upon for legal advice. And if you are relying on what they told you, why are you asking here?

                  You need to give reasons which justify the length of time you seek. To ask for 28 days without explanation could well be seen as "pushing it".

                  Has the Claimant complied with para 4 of the order?

                  What does para 5 say?

                  I believe that it has been scientifically established that the egg came first.
                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                  Comment


                  • #39
                    Originally posted by atticus View Post
                    Court staff should not be relied upon for legal advice. And if you are relying on what they told you, why are you asking here?

                    You need to give reasons which justify the length of time you seek. To ask for 28 days without explanation could well be seen as "pushing it".

                    Has the Claimant complied with para 4 of the order?

                    What does para 5 say?

                    I believe that it has been scientifically established that the egg came first.
                    I am waiting on a response from the judge on whether they have complied. Para 4 just states the date the defendant has to send to court and claimant a defence.

                    I hadn't had a response from anyone on the forum when I spoke to them and the staff volunteered the information. I thought it was more procedural advice than legal advice.
                    Last edited by Hope4justice; 18th June 2024, 16:40:PM.

                    Comment

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