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Is this an "application"?

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  • Is this an "application"?

    The defendant in my claim did not file or serve the directions questionnaire in time and was served with a Court order giving him a further seven days to do so. That seven days expired and my claim (MCOL) was noted as "Defence struck out" and "Bar removed".
    Five days later (when I got home from a short break) I noted that "A bar has been put in place".
    I telephoned the CCBC at Northampton and they said the defendant had written giving an explanation of why he was late and had missed the deadlines and that this would be considered by a District Judge as to whether it would be accepted or not.
    My question is: "is this an Application, by the defendant under the Civil procedure rules?"
    If so, am I correct in thinking that I should be served a copy by the defendant and am I within my rights to ask the Court for a copy of this letter?
    Is there any mileage in asking for Summary Judgement under Part 24?
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  • #2
    Re: Is this an "application"?

    It could be an application to set aside the Judge's order to strike out the defence based on the non compliance with the previous order, or if it is a LIP he may just have written a letter for the Judge's consideration.

    Did you send the Defendant a copy of your Directions Questionnare?

    I'd wait and see what the Judge orders tbh.
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    • #3
      Re: Is this an "application"?

      Originally posted by Amethyst View Post
      It could be an application to set aside the Judge's order to strike out the defence based on the non compliance with the previous order, or if it is a LIP he may just have written a letter for the Judge's consideration.

      Did you send the Defendant a copy of your Directions Questionnare?
      Thanks. Yes I did send a copy of the directions questionnaire to the defendant (by recorded delivery), covered by a letter again stating my willingness to go to Mediation.
      Is an LIP do do with late information?
      I guess I have to be patient, but it is infuriating as he's dragged this on for two years already.

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