Unless Order

[CYNthesys]

Someone Ive been trying to help from OTR is up against big problems in a massive claim.

First of all the claimant is at a disadvantage because he/she is profoundly deaf.

Some issues of this claim are due to be considered at a High Court hearing listed for early April.

Unfortunately, despite working flat out to get everything done in time the claimant has missed the deadlines ordered for disclosure. The Defendants have now obtained, ex parte, an Unless order, and the claimant has a matter of days in which to comply.

One of the problems the claimant faced was that due to his hearing problem, he couldnt hear everything that was said at the last hearing, and he had to wait until he received the official transcript before he could properly proceed.

He has got a solicitor to apply for an adjournment on the basis of trying to obtain insurance, and his MP has made a referral to the Bar Pro Bono, but his money has now completely run out, and it looks like he is on his own for now anyway.

Has anyone got any ideas on what he can do next. I thought about suggesting he write direct to the Judge explaining this.

[bluebottle]

Re: Unless Order

Was the Plaintiff and the Court made aware of the Defendant's hearing impairment from the outset?

[CYNthesys]

Re: Unless Order

I dont know if the court was aware, but the Defendants have been aware for at least a couple of years

[CYNthesys]

Re: Unless Order

The claimant was using a direct access barrister up to and including the last hearing, but his money has now run out.


At the last hearing the court was only made aware late in the day of the hearing problem. The claimant complained a few times to the usher, but they didnt seem to know what to do. They suggested to putting the claimant at the side, but claimant was still struggling to keep pace as he had to lip read and it strains eyes after 20 minutes when doing it far away.
Barrister forgot to tell the Judge until right at the end of the day.

It appears that the Judge was hinting that the claimant needed to give an undertaking, as he seemed to think that the claimant was being less than frank. The claimant only indicated to give an undertaking late in the day after his barrister had taken him on one side during a short break. The barrister asked the Judge if he could direct questions at him, as the claimant was hearing impaired, but the claimant couln't hear his barrister whispering to him about the undertaking he was giving.

Whilst the courts have a loop system the claimants hearing aids do not have a loop system function.

The claimant is desperate for help, and wonders if he should submit a further witness statement pronto, pointing our the above.

[Guest]

Re: Unless Order

Hi
Perhaps this may be off use CPR 3.9(1)

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 including –
(a) the interests of the administration of justice;

(b) whether the application for relief has been made promptly;

(c) whether the failure to comply was intentional;

(d) whether there is a good explanation for the failure

I know of cases when it has been implemened when an unless order has been unfairly issued.

Peter

[CYNthesys]

Re: Unless Order

Thanks Peter
Are you able to identify any such cases please?

[Guest]

Re: Unless Order

Hi
Slept since then C
This may assist , result of Google, it has several case references

http://lexislegalintelligence.co.uk/...orth-the-agro/

Peter