What does this mean "you have not supplied sufficient copies for service"

[gregh286]

hi,
i had a set aside hearing scheduled for 15th Feb.
however, I start a lucrative job on 11th Feb and its more important to look professional there than ask for a leave day on day 4.
I requested to court for hearing postponement due to circumstance using form N244 with £100.
It come back today with that response.

Problem is now the hearing is within 14 days, so unlikely to get postponement.
I think my options are:
1. Ask for postponement again with "sufficient copies for service" whatever that means,
2. Maybe get a CAB representative on 15th Feb?
3. Maybe get a private lawyer for 15th Feb,,,,but I need to notify the court about that?

Do I have anymore options?
thanks

[james_law]

You need sufficient copies of the application form and supporting documentation. You need 1 copy for each party to be served and one copy for the court.

[gregh286]

You need sufficient copies of the application form and supporting documentation. You need 1 copy for each party to be served and one copy for the court.

So, if i send 3 of everything, should be enough?
Am i too late now, court date on 15th Feb.

[Amethyst]

It is likely to be turned down sadly, and unless you have a solicitor/barrister instructed a lay rep ( CAB etc ) couldn't speak on your behalf. Have they sent back your £100 too ? You might save yourself the money.

Your other option to to ask for the case to be heard in your absence and submit your arguments on paper and ask for them to be taken into account. You have to do that at least 7 days before the hearing.

Is this a straightforward set aside as claim not served at correct address application or is there more complex arguments involved?
Have you asked the other side to consent to the set aside previously ?

You know when you filed your set aside application originally... did you send three copies then too ? ( just because the court seems to be a little bit inconsistent with these kind of things )

[gregh286]

It is likely to be turned down sadly, and unless you have a solicitor/barrister instructed a lay rep ( CAB etc ) couldn't speak on your behalf. Have they sent back your £100 too ? You might save yourself the money.

Your other option to to ask for the case to be heard in your absence and submit your arguments on paper and ask for them to be taken into account. You have to do that at least 7 days before the hearing.

Is this a straightforward set aside as claim not served at correct address application or is there more complex arguments involved?
Have you asked the other side to consent to the set aside previously ?

You know when you filed your set aside application originally... did you send three copies then too ? ( just because the court seems to be a little bit inconsistent with these kind of things )

hi,
yes they send back the £100.
i asked for set aside as I was unaware of original court date, as I was not informed. Court informed my legal rep, who was not representing me any further, and they did not inform me.
I only sent 1 copy orginally, not 3. Hence,only sent 1 this time.

My orginal claim case has NEVER been heard yet, as he won counterclaim as I was a no show at court. I was no show as I was not informed of date. I have a very good case, i just need it heard.
The other side is a maniac, forget about trying to convince him of anything.

It is so confusing now at this stage,
I assume the hearing next week is only to set aside the judgement then, a later date will be issued for a new hearing regarding the claim.
Strange they just dont do all in one go again,

[Phaeton]

If you are starting a new job, surely you could just advise that you have a prior commitment for that date, apologise that it's not something you can get out of & as it was arrange prior to taking up their offer they 'should' allow the indiscretion

[gregh286]

If you are starting a new job, surely you could just advise that you have a prior commitment for that date, apologise that it's not something you can get out of & as it was arrange prior to taking up their offer they 'should' allow the indiscretion

Thats what i am trying to do, but now its within 14 day window of hearing, time of the essence.
I send all the forms, the £100,
I think I will try again with the forms X3, send the £100, see if they will postpone for me,
Failing that, It will have to be a hearing without me there, really antiquated the court mechanism, in an electronic age,

Maybe I need a form for that too, dont know, or maybe another £100.

[Amethyst]

For not attending - https://legalbeagles.info/forums/for...vance-at-least

Are you the claimant / judgment holder ?

Ahh I'll read back properly then... have you got another thread ? ahhh https://legalbeagles.info/forums/for...at-happens-now

just going to read back ...

hi,
yes they send back the £100.
i asked for set aside as I was unaware of original court date, as I was not informed. Court informed my legal rep, who was not representing me any further, and they did not inform me.
I only sent 1 copy orginally, not 3. Hence,only sent 1 this time.

My orginal claim case has NEVER been heard yet, as he won counterclaim as I was a no show at court. I was no show as I was not informed of date. I have a very good case, i just need it heard.
The other side is a maniac, forget about trying to convince him of anything.

It is so confusing now at this stage,
I assume the hearing next week is only to set aside the judgement then, a later date will be issued for a new hearing regarding the claim.
Strange they just dont do all in one go again,

Maybe asking it to be heard in your absence isn't the best plan as your set aside is on the basis that you didn't attend the previous hearing. Tricky one... if you just don't attend you'll certainly not get the set aside, if you inform court in advance you're not attending it looks pretty shoddy due to the reasons you're asking for the set aside, and really as the original judgment was at a hearing, albeit that you hadn't been informed of, it should really be an appeal against that original judgment.

Is the hearing at a specific time, or listed after 10am etc ? Is it near to where you'll be working ? It seems basically that if you are unable to attend you'll not get the judgment set aside so if you possibly can, and the hearings not going to be more than half an hour, you could get away to deal with it? It was arranged before you gained the job so I'd agree with Phaeton you should be able to take that time out as it was prearranged but of course that depends on the kind of job / location etc.

[Phaeton]

Thats what i am trying to do, but now its within 14 day window of hearing, time of the essence.
I send all the forms, the £100,
I think I will try again with the forms X3, send the £100, see if they will postpone for me,
Failing that, It will have to be a hearing without me there, really antiquated the court mechanism, in an electronic age,

Maybe I need a form for that too, dont know, or maybe another £100.

No sorry, other way around, not ask the court, ask your new employers,

[gregh286]

For not attending - https://legalbeagles.info/forums/for...vance-at-least

Are you the claimant / judgment holder ?

Ahh I'll read back properly then... have you got another thread ? ahhh https://legalbeagles.info/forums/for...at-happens-now

just going to read back ...

hi,
Yes, I am claimant.
Court informed my legal rep of court date in Sep 7th 2018. Legal rep did not inform me of impending date. Hence, no show and court dismissed my claim and awarded a counterclaim to defendant.

I applied for set aside, due 15th Feb. I cant be there, new job too important, so applied N244 with £100.
Sent back, not enough copies.

So, i dont really know if the hearing is to hear the orginal claim of mine, or to hear why I wasnt there at orginal hearing!

[Amethyst]

It's for the set aside application - so the court can decide if your no show for the original hearing is a reason to set aside the judgment - ie its the hearing of your application ( Sorry I was adding to my previous post - it's a tricky position to be in and if you possibly can attend you should )

[gregh286]

It's for the set aside application - so the court can decide if your no show for the original hearing is a reason to set aside the judgment - ie its the hearing of your application ( Sorry I was adding to my previous post - it's a tricky position to be in and if you possibly can attend you should )

Ok, so I think not being informed of court date is a good reason for not showing, maybe its not?
I have to consider I need to win it, because its expensive for me to travel over and back to northern ireland every time.
I already sent all this evidence (admission by lawyer they didnt inform me of court date) by end December, so they (wandsworth court) have it already in their possession.

[gregh286]

Ok,
So, I think the best strategy maybe:
Inform court I can not be there at set aside hearing on Feb 15th, they have the evidence already why i could not be at original hearing, this saves me the expense of travel and pissing off employer on week 1. I will resend all evidence again in any case with my covering letter,

By some mircacle, If set aside is granted, (which to be fair, it would be ridiculous not to set it aside) then I assume court make new date to hear original claim?

That one (proper claim hearing) is definetly worth travelling over for, as I will have good relationship with employer then to get day off.

[Amethyst]

Yes, if you win the set aside ( which isn't guaranteed ) then the claim will proceed as though the judgment never happened, so likely to be a new hearing set to hear the case.

The court may already have the evidence in your set aside application but I'd do a supplementary WS or skeleton argument to send with your letter of non attendance to take your place at the hearing. You'll have to argue the counterclaim and dismissal judgment should be set aside and show that you do have a reasonable prospect of success. Your lawyers really buggered things up for you didn't they.

Having to travel from NI to Wandsworth makes it difficult to just nip out for the hearing rather.


Was just checking appeal vs set aside so yes think you are right in the set aside being the right way to go... so the bold bits are what you need to show in your statement to be taken into account at the hearing.

Failure to attend the trial

39.3

(1) The court may proceed with a trial in the absence of a party but –

(a) if no party attends the trial, it may strike out^(GL) the whole of the proceedings;

(b) if the claimant does not attend, it may strike out his claim and any defence to counterclaim; and

(c) if a defendant does not attend, it may strike out his defence or counterclaim (or both).

(2) Where the court strikes out proceedings, or any part of them, under this rule, it may subsequently restore the proceedings, or that part.

(3) Where a party does not attend and the court gives judgment or makes an order against him, the party who failed to attend may apply for the judgment or order to be set aside^(GL).

(4) An application under paragraph (2) or paragraph (3) must be supported by evidence.

(5) Where an application is made under paragraph (2) or (3) by a party who failed to attend the trial, the court may grant the application only if the applicant –

(a) acted promptly when he found out that the court had exercised its power to strike out^(GL) or to enter judgment or make an order against him;

(b) had a good reason for not attending the trial; and

(c) has a reasonable prospect of success at the trial.

[gregh286]

Yes, if you win the set aside ( which isn't guaranteed ) then the claim will proceed as though the judgment never happened, so likely to be a new hearing set to hear the case.

The court may already have the evidence in your set aside application but I'd do a supplementary WS or skeleton argument to send with your letter of non attendance to take your place at the hearing. You'll have to argue the counterclaim and dismissal judgment should be set aside and show that you do have a reasonable prospect of success. Your lawyers really buggered things up for you didn't they.

Having to travel from NI to Wandsworth makes it difficult to just nip out for the hearing rather.


Was just checking appeal vs set aside so yes think you are right in the set aside being the right way to go... so the bold bits are what you need to show in your statement to be taken into account at the hearing.

Thanks Amethyst,
Do you know if I have to file any form (N244) etc for non-attendance of set aside hearing?
Do I need to make multiple copies of WS, or serve the defendant?
I am just being cautious as it doesnt take much for court to dismiss something if not done in 100% correct fashion
Thank you for all your help, it is highly appreciated.