Hi Im new here. Question regarding setting aside judgment, dilema

[jsmith07611]

Good evening and thank you for this amazing forum

It is a case for 5k where i am not sure whether to try and point out something or not.in the hearing for setting aside judgement

basically I am the claimant. the defendant replied their defence to an incorrect email address and therefore i was awarded default judgment as the court did not recieve their defence in time. the defendant sent an email to one of the ccbaq email addresses which was not the correct email address for filing a defence. in the atutomatic reply it said not to duplicate the email as it wastes court time, so they did not send through their defence through any other avenues.
now the other side wish to set aside judgment. there is a hearing soon to set aside judgment
their defence is totally wrong as they have gotten totally muddled up. basically in the past I had had a seperate issue with the defendant which was resolved and their current defence basically says that i had resolved the current case and therefore cannot claim again. so the defendant has muddled up the two cases as it is clear as it is a seperate case which was resolved.

my question / dilema is

should i try (option 1) and stop the defendant setting default judgment aside and show why the defence is totally flawed. if i win the hearing to set aside judgement on the grounds that the defendant has no prospect for success in their defence, then that would be great... but i will probably loose as they have got quite a good excuse that they sent the defence to a mistaken email address. so they will claim that there was a valid reason in missing the deadline for submitting a defence. in this scenario where they will win the hearing for setting aside judgement, they will fix their defence for the proper hearing later on.as they will realise that in their defence they had muddled up the two issues.

or my second option (option 2) should i allow them to set aside judgement without disclosing why their defence makes no sense and save it for the final hearing where i will prove that their defence is flawed. but i may be accused of obstruction of justice by not pointing out that the defendant has made a simple mistake of muddling up the two issues.

I am very grateful in advance for replies

kind regards

[MIKE770]

in relation to what is this subject? seems if/buts etc? what i the case about?? might shed better understanding?
MCOL used or salford?

[Amethyst]

Good evening and thank you for this amazing forum

It is a case for 5k where i am not sure whether to try and point out something or not.in the hearing for setting aside judgement

basically I am the claimant. the defendant replied their defence to an incorrect email address and therefore i was awarded default judgment as the court did not recieve their defence in time. the defendant sent an email to one of the ccbaq email addresses which was not the correct email address for filing a defence. in the atutomatic reply it said not to duplicate the email as it wastes court time, so they did not send through their defence through any other avenues.
now the other side wish to set aside judgment. there is a hearing soon to set aside judgment
their defence is totally wrong as they have gotten totally muddled up. basically in the past I had had a seperate issue with the defendant which was resolved and their current defence basically says that i had resolved the current case and therefore cannot claim again. so the defendant has muddled up the two cases as it is clear as it is a seperate case which was resolved.

my question / dilema is

should i try (option 1) and stop the defendant setting default judgment aside and show why the defence is totally flawed. if i win the hearing to set aside judgement on the grounds that the defendant has no prospect for success in their defence, then that would be great... but i will probably loose as they have got quite a good excuse that they sent the defence to a mistaken email address. so they will claim that there was a valid reason in missing the deadline for submitting a defence. in this scenario where they will win the hearing for setting aside judgement, they will fix their defence for the proper hearing later on.as they will realise that in their defence they had muddled up the two issues.

or my second option (option 2) should i allow them to set aside judgement without disclosing why their defence makes no sense and save it for the final hearing where i will prove that their defence is flawed. but i may be accused of obstruction of justice by not pointing out that the defendant has made a simple mistake of muddling up the two issues.

I am very grateful in advance for replies

kind regards

It is likely they will get the set aside so you are best to consent to the set aside - save yourself and the other side a court hearing and potential additional costs.

How did you get a copy of the Defence ? Did they send you a copy at the same time they filed it ( incorrectly ) with the court ? or do you just have a copy from their set-aside application?

If they were given opportunity to correct their defence to the right issue, do they have a prospect of success ?

If it is really clear to you that they have defended on the wrong cause of action then I would write to the Defendant pointing that out. Were your Particulars of Claim clear enough ? did you follow preaction protocols notifying the Defendant you would be bringing the claim on X issue ? How distinct are the issues ? Was the previous issue resolved through the court / after bringing a claim ? if so at what stage ( before or after defence etc)?