Defence extention via court application

[Leigh123]

Hi could anybody help?
We filed a claim last month. This week got a letter from the defendants solicitor request extra time to file a defence (defendant had already sent the acknowledgement of service and only instructed a solicitor in the last week or so).

We declined the extention as the defendant has had months to prepair a defence as the despute has been ongoing for 18months and both parties said in 2021 that court would be the only option and the defendant said they wanted to go to court and let the judge decide. The defendant was sent a letter of preaction months ago and just replied they "dispute all alligation" and will be getting their own evidence and we will hear back in due course but never heard anything else from them.

Their solicitor claims the defendant's counsel was off sick 2 days before the defence "dead line" date so have applied to the court for an extention on the day the defence should have been filed.

Can we still put in a request for judgement the day after they have file for an extention by the court?

And do the court hand out extentions that easily and that fast?

Thankyou in advance

[atticus]

If you attempt to enter default judgement, you will be inviting an application to set it aside and for an order that you pay the costs of that application. That will also lengthen the process far more than if you agree an extension of time now.

[Leigh123]

Thankyou for the reply im just reading up on the terminology.

So am I right in thinking the defendant could apply to have the judgement set aside claiming they didn't have sufficient time to file a defence?

Thankyou

[atticus]

They could. It would be for the judge to decide. You may find yourself asked to explain your refusal to agree an extension.

[Leigh123]

Thankyou the information has been very helpful.