Mayflower21 v MKDP LLP

[nemesis45]

Re: Mayflower21 v MKDP LLP

Annoyingly I'd have to agree with them. That is a bit shoddy of the court though. Is there a court date for the next hearing yet?

Sloppy work by the judge too, the draft order made to be sent out should be dated the 13th.

e.g. Date: Of Order:13/04/2015

Judge xxxxxxxxx sitting at XXXXXXXXXX County Court
sneaky claimant, sloppy court.

nem

[mystery1]

Re: Mayflower21 v MKDP LLP

What a crock of shit. The order was made in court and they were represented. It should not matter about the written copy because it only confirms the oral order. As far as i can tell, from what you've said, the claim is technically struck out and they have not applied for relief from sanction.

I would write to them and point that out and let them apply for relief if they so choose.

M1

[nemesis45]

Re: Mayflower21 v MKDP LLP

MKDP filed a " supplemental" witness statement seeking relief from sanctions.

nem

[Mayflower21]

Re: Mayflower21 v MKDP LLP

I thought that might be the case. The judge did give us the dates twice and I saw the MKDP guy write them down but I guess that doesn't make a difference.

Should I still send a letter to say that I didn't receive the evidence in time?

Had a quick look at what they sent and they have added blank default notice - where the name date etc should be it says "salutation" or "date" what's the point of that? There is also a weird print out from the bank that I can't make any sense of - will scan a copy tonight and put up to see if you guys can work it out.

No hearing date yet.

[mystery1]

Re: Mayflower21 v MKDP LLP

MKDP filed a " supplemental" witness statement seeking relief from sanctions.

nem

Good for them. Some free advice for them since their trained legal minds are not working.

http://www.justice.gov.uk/courts/pro...les/part03#3.9

Relief from sanctions
3.9
(1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need –
(a) for litigation to be conducted efficiently and at proportionate cost; and
(b) to enforce compliance with rules, practice directions and orders.
(2) An application for relief must be supported by evidence.

CPR 23 deals with applications.

M1

[mystery1]

Re: Mayflower21 v MKDP LLP

I thought that might be the case. The judge did give us the dates twice and I saw the MKDP guy write them down but I guess that doesn't make a difference.

Should I still send a letter to say that I didn't receive the evidence in time?

Had a quick look at what they sent and they have added blank default notice - where the name date etc should be it says "salutation" or "date" what's the point of that? There is also a weird print out from the bank that I can't make any sense of - will scan a copy tonight and put up to see if you guys can work it out.

No hearing date yet.

I would tell them they were represented and as such should have known straight away what the time scales were. If they or their supplier or both cannot communicate effectively then that is an internal matter for them to deal with but as it stands they have failed to comply with the order. The claim is currently struck out.

It is important to tell them asap as relief from sanctions must be requested pretty quickly and if they were warned by you the pretty quickly time scale becomes a little tighter than if they could plead ignorance.

M1

- - - Updated - - -

I should add, unless they are very thick and mess up royally relief will probably be granted so don't expect this will end matters completely. If it does, bonus.

M1

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Thanks Mystery 1 so when you say tell them do you mean I should send a letter to the court and MKDP asap? Or should I call/ email them?

[mystery1]

Re: Mayflower21 v MKDP LLP

Call or email is fine. As always, if you call, back it up with an email.

Dear Sirs,

As per my/your call at xxx on xxx we discussed ....... I said .... You said ..... If you disagree with my understanding please advise.

Yours etc


Email is fine but if they don't reply you are left hanging. Call is the best way IMHO.

M1

[Mayflower21]

Re: Mayflower21 v MKDP LLP

So to clarify I should call both MKDP and the Court?

[mystery1]

Re: Mayflower21 v MKDP LLP

Just MKDP though if you wish to make sure the court deem the claim struck out you could phone and ask them.

M1

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Right just called MKDP and they just said that they were aware that the evidence was submitted after the date mentioned in the court order and they are waiting for the court's response.

I have emailed MKDP outlining what was said - that they are aware that they missed the deadline and therefore I consider the claim, as per the court order, to be struck out.

I called the court and they said that it could take up to 10 days for it to be struck out so I have emailed the court also - reiterating that the judge confirmed the dates with myself and the Claimant's representative twice during proceedings - saying that I received the evidence pack from the Claimant on 17th April which is non compliant with the court order so it is my understanding that the claim is now struck out and could they please confirm that this is the case.

[mystery1]

Re: Mayflower21 v MKDP LLP

Right just called MKDP and they just said that they were aware that the evidence was submitted after the date mentioned in the court order and they are waiting for the court's response.

I have emailed MKDP outlining what was said - that they are aware that they missed the deadline and therefore I consider the claim, as per the court order, to be struck out.

I called the court and they said that it could take up to 10 days for it to be struck out so I have emailed the court also - reiterating that the judge confirmed the dates with myself and the Claimant's representative twice during proceedings - saying that I received the evidence pack from the Claimant on 17th April which is non compliant with the court order so it is my understanding that the claim is now struck out and could they please confirm that this is the case.

Sounds fine to me.

M1

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Hi Guys,

No word from the court yet and according to their automatic email response they may take up to 5 working days to reply to I might not hear until Friday 24th.

According to the Order I have until Monday 27th to serve my defence. Obviously I am hoping that it does get struck out but I need to get prepared in case that doesn't happen.

Do I need to go through the witness statement from MKDP point by point and respond or do I just write a statement quoting S127 (3-5) and listing the underhand tactics of MKDP (serving evidence late etc)

Thanks for your help guys!

[mystery1]

Re: Mayflower21 v MKDP LLP

http://www.bailii.org/ew/cases/EWHC/QB/2014/41.html

If the order says you must be served with something or the case is struck out and you are not served with it the case is struck out and you have nothing to respond to. It is not a case of if it is struck out, the case is struck out and it's up to them or the court to reinstate it if that is to happen.

It's isn't out of the question that it could be reinstated and thus lining up your arguments is a good idea but there is no deadline at present as you can't enter a defence to a claim which no longer exists.

M1

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Ok thanks Mystery1. That's a relief for now. At the very least it gives me some breathing space :-)