And suddenly there was a defence...

[mariefab]

Re: And suddenly there was a defence...

Do they provide reasons for the failure to make this application until 4 weeks after the default judgement?
Did they send you a draft defence or some other document that shows they have a real prospect of successfully defending the claim?

Take another look at in the case R0b posted at the start of this thread. Paragraph 7 onward.

https://civillitigationbrief.wordpress.com/2014/05/21/setting-aside-a-default-judgment-after-mitchell-what-is-the-appropriate-test/

[Kati]

Re: And suddenly there was a defence...

Jeez, thanks all.

Could you do me a favour?? I notice you have a few threads on the go ... can you possibly give me a run-down of the issue(s)?
Maybe separate them out/bullet-points in a timeline :noidea: (I got a bit lost :lol: ... :sorry

[heisenberg]

Re: And suddenly there was a defence...

Jeez, thanks all.

[heisenberg]

Re: And suddenly there was a defence...

You are quite correct, they would need to do so. What's more, they would be certainly be aware of this requirement.
It's good that your solicitor is properly trying to resolve this.:tinysmile_grin_t:

Looks like they can apply to strike out a claim before applying for the judgment to be set aside if I understand this section correctly (though that seems to apply to section 3.5 only):

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.6

[heisenberg]

Re: And suddenly there was a defence...

The other side have just applied to strike out the claim (attached are the brief grounds).

Firstly, I thought they had to apply to set aside the judgment before they go steaming ahead with a strike out application.

Secondly, they still haven't bothered serving a defence (or bothered complying with the pre-action protocol) so how on earth am I to defend this application fairly?

[heisenberg]

Re: And suddenly there was a defence...

Just general observation you have not really presented us with all the facts if you are right in your action truth should come through they have the right to defend and try to set this aside if they do its a win for them and you lose maybe with a costs bill

I was speaking in general terms here old chap. I am no stranger to litigation and have had people and/or organisations discriminate against me quite overtly in an employment context.

Unfortunately the decision(s) of any judiciary does not always reflect the reality. You will often also find that Judges bend over backwards for any Respondent/Defendant as they generally have more resources to challenge their decision(s).

[wales01man]

Re: And suddenly there was a defence...

Just general observation you have not really presented us with all the facts if you are right in your action truth should come through they have the right to defend and try to set this aside if they do its a win for them and you lose maybe with a costs bill

[heisenberg]

Re: And suddenly there was a defence...

That's the name of the game you want to win so do they morals don't count in this game

Speak for yourself. I like to know that I can sleep easily at night with nothing festering up in my conscience.

[wales01man]

Re: And suddenly there was a defence...

I have to say that it is really sad to learn that certain people (including solicitors) are prepared to do and say anything when they face litigation. It seems as soon as you take steps towards or start litigation all morals get thrown out the window at light speed. :lie:

That's the name of the game you want to win so do they morals don't count in this game

[heisenberg]

Re: And suddenly there was a defence...

I have to say that it is really sad to learn that certain people (including solicitors) are prepared to do and say anything when they face litigation. It seems as soon as you take steps towards or start litigation all morals get thrown out the window at light speed. :lie:

[heisenberg]

Re: And suddenly there was a defence...

Discontinue what!
They failed to take part and so you won by default.
Do they expect you to contact the court and say:
'You know that judgement you awarded in my favour? Well, as it happens, the Respondents aren't at all happy about it. Their emails indicate that they might even do something about it in their own good time. So, I think that the best thing to do to restore their good spirits is for you to please pop it in the bin. What do you say, Judgey?
The current state of play is that you are waiting to be compensated.
They are yet to do anything to change that.

I do admire your sense of humour. You did make me chuckle. msl:

mariefab = :stars:

[mariefab]

Re: And suddenly there was a defence...

Discontinue what!
They failed to take part and so you won by default.
Do they expect you to contact the court and say:
'You know that judgement you awarded in my favour? Well, as it happens, the Respondents aren't at all happy about it. Their emails indicate that they might even do something about it in their own good time. So, I think that the best thing to do to restore their good spirits is for you to please pop it in the bin. What do you say, Judgey?
The current state of play is that you are waiting to be compensated.
They are yet to do anything to change that.

[heisenberg]

Re: And suddenly there was a defence...

Or could they make an emergency application? That would seem a bit unfair as I would not be able to make any submissions.

[heisenberg]

Re: And suddenly there was a defence...

You are quite correct, they would need to do so. What's more, they would be certainly be aware of this requirement.
It's good that your solicitor is properly trying to resolve this.:tinysmile_grin_t:

mariefab, you are a shining star!

That does not leave them much time. They have given me until the 17th March to discontinue (which I won't be). That means they somehow need to make at least one successful application in circa a week (Interlocutory Hearing on the 29th March). I don't see that happening.

[mariefab]

Re: And suddenly there was a defence...

Do they not need to successfully apply for the judgement to be set aside first before applying to strike the claim out?

You are quite correct, they would need to do so. What's more, they would be certainly be aware of this requirement.
It's good that your solicitor is properly trying to resolve this.:tinysmile_grin_t: