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And suddenly there was a defence...

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  • #46
    Re: And suddenly there was a defence...

    interlocutory hearings are interim hearings which an order or judgment etc. is given pending the final outcome of the case. For example interlocutory injunctions which are now known as interim injunctions.

    So unless you have instigated something, it must have been the other side.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
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    • #47
      Re: And suddenly there was a defence...

      Originally posted by heisenberg View Post
      Update

      The case has been listed for a interlocutory hearing towards the end of March.
      .
      It seems the court has taken little notice of the other side's recent e-mail stating:

      "We would be grateful if the court could liaise with us before listing/making further arrangements in order that we can take instructions in good time."

      I guess this makes things slightly more difficult in respect to any application to set aside the judgement?

      Still no sign of any defence or application to set aside the judgement.
      It's basically an interim remedy...i wonder why. This seems unfair
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      • #48
        Re: And suddenly there was a defence...

        It would be interesting to see the 8 page Particulars of Claim you mentioned earlier.
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        • #49
          Re: And suddenly there was a defence...

          Originally posted by R0b View Post
          interlocutory hearings are interim hearings which an order or judgment etc. is given pending the final outcome of the case. For example interlocutory injunctions which are now known as interim injunctions.

          So unless you have instigated something, it must have been the other side.
          Strange. I have just confirmed with the court and there are no documents (they say) other than the listing of the case.

          I did ask for an injunction when issuing the claim so I am not sure if that has anything to do with it?

          It seems all the other side has done is notify the court that they now have representation and asked the court to consult with them before listing the case or making further arrangements. Could that have something to do with it?

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          • #50
            Re: And suddenly there was a defence...

            The other side will have received notice of this also. Your best bet is to contact the other side, say you have received notice of this interlocutory hearing, they have indicated that they sought to set aside the order and this has appeared. Ask them to confirm whether they have made any application and if so what sort, as they have appeared to have made this without notice and you would like to point out to the court there were no good reasons for making a without notice application.
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
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            • #51
              Re: And suddenly there was a defence...

              Originally posted by mariefab View Post
              It would be interesting to see the 8 page Particulars of Claim you mentioned earlier.
              Thanks Rob - see attached.
              Attached Files

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              • #52
                Re: And suddenly there was a defence...

                A solicitor mentioned to me that District Judges generally have poor levels of experience with equality law and that they could, inappropriately, assign the case to the fast track. Very worrying...

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                • #53
                  Re: And suddenly there was a defence...

                  ^^^1-57 are missing.
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                  • #54
                    Re: And suddenly there was a defence...

                    Originally posted by mariefab View Post
                    ^^^1-57 are missing.
                    Indeed. I think Rob just requested the last page?

                    Comment

                    • #55
                      Re: And suddenly there was a defence...

                      No I didn't Mariefab did
                      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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                      LEGAL DISCLAIMER
                      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
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                      • #56
                        Re: And suddenly there was a defence...

                        Originally posted by R0b View Post
                        The other side will have received notice of this also. Your best bet is to contact the other side, say you have received notice of this interlocutory hearing, they have indicated that they sought to set aside the order and this has appeared. Ask them to confirm whether they have made any application and if so what sort, as they have appeared to have made this without notice and you would like to point out to the court there were no good reasons for making a without notice application.
                        Do I not need circa 2 weeks to respond to any application the other side makes in any event? The other side's solicitors only went on the record around the 16th February.

                        - - - Updated - - -

                        Originally posted by Openlaw15 View Post
                        It's basically an interim remedy...i wonder why. This seems unfair
                        Oh my word! Where did that come from?

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                        • #57
                          Re: And suddenly there was a defence...

                          Go and see a Solicitor it looks from here as if they are showing no mercy and will if they can screw you
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                          • #58
                            Re: And suddenly there was a defence...

                            Originally posted by mariefab View Post
                            It would be interesting to see the 8 page Particulars of Claim you mentioned earlier.
                            My apologies mariefab. I will upload the particulars (redacted) in a second or two.
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                            • #59
                              Re: And suddenly there was a defence...

                              Originally posted by heisenberg View Post
                              A solicitor mentioned to me that District Judges generally have poor levels of experience with equality law and that they could, inappropriately, assign the case to the fast track. Very worrying...
                              They're district judges for a reason.

                              - - - Updated - - -

                              Originally posted by heisenberg View Post
                              Do I not need circa 2 weeks to respond to any application the other side makes in any event? The other side's solicitors only went on the record around the 16th February.

                              - - - Updated - - -



                              Oh my word! Where did that come from?
                              The opponent may have partially admitted something without actually fully admitting. It must be something that would cause an interim hearing.
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                              • #60
                                Re: And suddenly there was a defence...

                                Originally posted by heisenberg View Post
                                My apologies mariefab. I will upload the particulars (redacted) in a second or two.
                                Redacted particulars attached.

                                - - - Updated - - -

                                Originally posted by Openlaw15 View Post
                                They're district judges for a reason.
                                Meaning they should really have half a brain? I hope so.

                                Originally posted by Openlaw15 View Post
                                The opponent may have partially admitted something without actually fully admitting. It must be something that would cause an interim hearing.
                                I see. Still seems a bit mysterious.
                                Last edited by heisenberg; 19th February 2016, 16:45:PM. Reason: Removed attachment.

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