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Requesting an extension to submit my defense

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  • Requesting an extension to submit my defense

    As a LIP I need to request an extension for my defense. I initially made this request to the claimant's solicitor although it was rejected. How do I make this request to the court? And do I need to submit an N244 form?
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  • #2
    Have you Acknowledged of Service?

    That gives to an extra 14 days to file your defence. So that's 28 days from the date on the Claim form.

    https://legalbeagles.info/library/gu...ledge-a-claim/

    Comment


    • #3
      Originally posted by echat11 View Post
      Have you Acknowledged of Service?

      That gives to an extra 14 days to file your defence. So that's 28 days from the date on the Claim form.

      https://legalbeagles.info/library/gu...ledge-a-claim/
      Yes I have acknowledged service and that 14 days will be up next week. I need an extra month as I have been without legal assistance due to the August holiday period and the claimant has refused an extension. So what is the process for contacting the court to ask an extension? I need to submit an N244 form? And who do I submit it to?

      Comment


      • #4
        I'm not saying the Court won't allow an extension (you would need a good reason), but as the other party has refused to extend, you might have a 'battle' on your hands.

        https://www.justice.gov.uk/courts/pr...l/rules/part15

        You could get your Defence in, then seek the Courts permission to 'amend' it.

        https://www.lawgazette.co.uk/news/am...t%20permission,....

        atticus Any advice appreciated.

        Comment


        • #5
          I would ask the Claimants solicitors on what grounds are they refusing your extension request.

          Advise them that should they continue to refuse your extension, then you will be making an application to the Court for the Courts permission for the same, and that you'll highlight the Claimants solicitors conduct to the Court and seek your costs for making and attending the application.

          If you do need to make an application, compete the N244 form to the best of your ability, and include a witness statement so you can highlight to the Court that you have attempted to agree the extension, but the Claimiant Solicitors refused. You'll have to pay the application fee £275, and you need to send the application to the Court which this case is currently sitting with, likely the CCMCC or the OMCC.


          Comment

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