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The defendants a LIPfiled their defence late but before I filed for default judgement. Can I still file for default judgement, or do I have to apply to throw the defence out because it was late and not accompanied by an application for relief from sanction?
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Re: Striking out late defence rules
How late after the deadline did they file their defence and when did you put in your request for default judgment? If your only talking a day or two I think the Defendant might be given the benefit of the doubt if you made any application to strike out, particularly if there’s he/she has an arguable defence.Originally posted by rickierich View PostIf you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
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