Not sure what to do next

[Thomas_P]

Hi all

I issued a claim just before the limitation period expired and so applied for a stay to enable pre-action protocol to be completed. Just before the stay was granted, the other party filed a defence, basically stating they could not make a full defence at that time as the claim form didn't provide enough detail. During the stay, I sent a detailed letter of claim and the other party acknowledged receipt (eventually, after I chased them). The stay is due to come to an end and the deadline for the other party responding to my letter of claim expired a while ago now. I am just wondering what my options are now? Do I just wait to hear from the Court (i.e. hearing date) or should I chase the Court when the stay ends?...I presume the other party would receive costs sanction for failing to engage in pre-action? I realise I could chase the other party for a response, but I begrudge doing this again. How do I stand if other party responds late but before hearing?

Thanks!

[Thomas_P]

Hi,

Just wondering if anybody is able to assist with this?

Thanks

[pt2537]

So you issued, and the claim was served? Why did you not mark the claim for personal service then you would have had 4 months to argue over pre action correspondence, then if you didnt settle you would be able to serve the Claim form and full particulars

[Thomas_P]

Hi

I was at the very end of the limitation period and so followed 4.1 of Pre-Action Protocol for Professional Negligence, which states "The protocol does not alter the statutory time limits for commencing court proceedings. A claimant is required to start proceedings within those time limits. However, the claimant can request and the parties can agree a standstill agreement to extend the period in which a limitation defence will not be pursued. Alternatively, a claimant may commence court proceedings and invite the professional to agree to an immediate stay of the proceedings to enable the protocol procedures to be followed before the case is pursued.".

I don't suppose you are able to assist with the queries contained in my original post?

Thanks

[Thomas_P]

Hi,

Is anybody able to assist with this?

Thanks

[pt2537]

sorry i am not clear, how was the stay put into place? Did you enter into a consent order with the other side? If so what did you put to cover when the stay ends? Or did you just launch the plane and give it no end destination?

[Thomas_P]

Sorry, part of my message appears to be missing. I obtained the defendant's consent to a stay and made an application to the court. A stay of 6 months was granted. The stay has now expired and I have received no response to my letter of claim.

Thanks