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Hi I am the defendant in a county court case,
At the first hearing for this case the claimant was ordered by the judge to produce a death certificate & the hearing was adjourned to the next available date.
I was unable to attend the second hearing due to being denied boarding by BA due to a positive pcr test which resulted in a default judgement being made against me i wrote to the court explaining the reason for my non attendance & have made an application to have the judgement set aside which is due to be heard on 20th sep.
My question relates to the validity of the recent default judgement and consequent order made against me.
, I am still unsure if the claimant has obtained a death cert. as i have not received any update from the claimant or the court re the death certificate.
Upon Reading the Civil Procedure Rules 1998
"18.1—(1) The court may at any time order a party to—
(a)clarify any matter which is in dispute in the proceedings; or
(b)give additional information in relation to any such matter,
whether or not the matter is contained or referred to in a statement of case.
(2) Paragraph (1) is subject to any rule of law to the contrary.
(3) Where the court makes an order under paragraph (1), the party against whom it is made must—
(a)file his response; and
(b)serve it on the other parties,"
Does section 3 in this case apply & if so would the non compliance with 3 a.b invalidate the mandatory default judgement &/or any order arising from such ?
Thanks
Rory
At the first hearing for this case the claimant was ordered by the judge to produce a death certificate & the hearing was adjourned to the next available date.
I was unable to attend the second hearing due to being denied boarding by BA due to a positive pcr test which resulted in a default judgement being made against me i wrote to the court explaining the reason for my non attendance & have made an application to have the judgement set aside which is due to be heard on 20th sep.
My question relates to the validity of the recent default judgement and consequent order made against me.
, I am still unsure if the claimant has obtained a death cert. as i have not received any update from the claimant or the court re the death certificate.
Upon Reading the Civil Procedure Rules 1998
"18.1—(1) The court may at any time order a party to—
(a)clarify any matter which is in dispute in the proceedings; or
(b)give additional information in relation to any such matter,
whether or not the matter is contained or referred to in a statement of case.
(2) Paragraph (1) is subject to any rule of law to the contrary.
(3) Where the court makes an order under paragraph (1), the party against whom it is made must—
(a)file his response; and
(b)serve it on the other parties,"
Does section 3 in this case apply & if so would the non compliance with 3 a.b invalidate the mandatory default judgement &/or any order arising from such ?
Thanks
Rory
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