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Bar put in place after judgement request issued

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  • Bar put in place after judgement request issued

    Hi,

    The defendant filed his defence after the time limit set by the courts. I requested judgement which has been issued, but a subsequent DQ has been sent to the defendant and a bar put in place.

    Can anyone please advise why?

    Surely the time frames to submit a defence are there for a reason, and the fact the defendant failed to provide that info in the time scales set, and the fact that a judgement was issued is conclusive, yet it seems that despite this failure by the defendant, the court have accepted his defence, issued a DQ and stopped the judgement from going ahead by placing a Bar on the judgement, am I correct?

    What is the point of these time frames if they can be abused?

    Could the judgement still be awarded, given that the defendant submitted his defence late?
    Tags: None

  • #2
    Originally posted by NOCAB View Post
    Hi,

    The defendant filed his defence after the time limit set by the courts. I requested judgement which has been issued, but a subsequent DQ has been sent to the defendant and a bar put in place.

    Can anyone please advise why?

    Surely the time frames to submit a defence are there for a reason, and the fact the defendant failed to provide that info in the time scales set, and the fact that a judgement was issued is conclusive, yet it seems that despite this failure by the defendant, the court have accepted his defence, issued a DQ and stopped the judgement from going ahead by placing a Bar on the judgement, am I correct?

    What is the point of these time frames if they can be abused?

    Could the judgement still be awarded, given that the defendant submitted his defence late?
    I have a similar case, the court imposed a time limit on the defendant failing which the court stated if it was not filed in the time imposed judgement could be put in (online), I did and it was accepted only for a judge to cancel it and put a bar in place, I can only assume the case progresses but any defence is now barred?

    Comment


    • #3
      We are living in strange times and nothing is as it was before covid. The Courts have been badly hit and if the Court wants to ignore normal timeframes thatís up to the Court.

      Comment


      • #4
        Not true, if the court ignores specific legally imposed time lines, they will be held to account. The law exists for everyone, including pompous judges

        Comment


        • #5
          CPR 27 gives the court very wide powers in the conduct of cases allocated to the small claims track.
          It is down to the judge, some look for strict adherence to directions, whilst others will be more flexible if they think the evidence will help them decide the claim.
          It is not necessarily pomposity, but an effort to be just

          Comment

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