Too late for a default judgement ?

[Muggerbee]

HI

I know this might sound like a face palm question as I should have asked it ages ago but I was bound up in the legal minutae of a small claim I have ongoing and failed to spot the obvious.

Late last year I lodged a small claim against a company i used for professional services, this was after following all the steps laid down in the protocols, to which i received no reply,
After 4 weeks, I filed the claim at mcol. After a week or so I received the defence back, however it is undated, has no statement of truth or name on it. although the information contained in it would
probably be benbeficial to me if it went to trial

2 Days before the deadline for filing the DQ I was sent a change of legal representative notification (ambush ? ) and as the judge requested exchange of bundles much earlier than
I expected, these have been exchanged.

The defence bundle makes no mention of the previously filed defence, I'm assuming for obvious reason ??

So the question is, at this stage would I be succesful in applying for a default judgement or would it just upset the DJ and is that even the best tactic ?

TIA

Muggs

[Amethyst]

Re: Too late for a default judgement ?

Likely not as you have already exchanged bundles. Does the defence bundle introduce new legal arguments which weren't pleaded in the defence. There is a possibility you could ask the court to order the defendant formally applies to amend his defence, however that may just prolong matters. It may not be an ambush, and could simply be the defendant realised the defence was a little shoddy and decided to engage a better firm to deal with it.

The original defence, was it sent to you direct by the claimant or via the court?

What kind of claim is it?

[Muggerbee]

Re: Too late for a default judgement ?

Hi Amethyst, thanks for looking.

It's a small claim under £5000 allocated to the small claims track for professional negligence

I believe it was sent via the court, the court bundle prepared does not make any arguments at all. it's all transcripts of converstaions
and a statement of witness from the director of the company involved.

Thanks again

[Amethyst]

Re: Too late for a default judgement ?

Ok - That's probably fine then - if you don't believe there is a proper defence been put forward to your claim you could apply for summary judgment (it wouldn't be defult as a defence was entered however crappy it was) but if you are confident in your claim then probably best to just continue on with the standard court process.

[Muggerbee]

Re: Too late for a default judgement ?

Thank you very much, I'd say it's a 50/50 call, my case is based on points of law the defence case is that a company and an individual are not seperate legal entities so at £500 v £5000
I think going to trial is the better option.


I've had a without prejudice save for costs offering %20 which i've rejected

Muggs