Claim struck out for missing trial fee deadline. Advice please RE deadlines.

[LegalBiggles]

Hi all

I'm a defendant in a small claims case. The claimant missed the trial fee deadline yesterday and so the claim has been struck out. So far I have only had this confirmed by the court on the phone (twice). Something in the post is apparently on the way...

The court have informed me that the claimant attended this morning and has made an application for relief from sanctions. They said they *think* the trial date has been vacated, but did not confirm or say for sure.

The deadline for instructing expert evidence was yesterday. It has not been done. The deadline for filing/serving witness statements and evidence is next week.

My question - Are there any circumstances under which those two deadlines could still stand? I do plan to continue to work on my WS and evidence so that I'm prepared if the case is re-instated. But it would be nice to do so with a little less panic and no sleepless nights! I can relax a bit if I know for sure that the deadline is no longer next week.

Could anyone please confirm?

I'm also curious to know what the outcome of an application for relief usually is in these circumstances. Or is that a "how long is a piece of string" type question?

Many thanks

[atticus]

You really need to get confirmation from the court.

The usual arrangement will be that the hearing date is lost, and the claimant needs to apply to reinstate the case. Those applications are usually successful in my experience. A new hearing date will then be given.

That is what usually happens. What happens in your case may be different.

[LegalBiggles]

OK, many thanks for explaining. Whilst the court confirmed it on the phone, they weren't up for emailing me confirmation. So I guess I'll wait to see what comes in the post today/tomorrow and perhaps chase on Monday if nothing by then.

Many thanks