Set aside - is that the end of a County Court Claim ?

[Amethyst]

If there was no order for the claimant to serve the documents then they haven't breached an order. You breached the order to file the DQ and thus were struck out.

[pt2537]

Ok so if the Court didn't order re-service of the Claim form then that is it, the Court may have take nthe view service was not necessary if you have had the copy of the claim at that point, then you were ordered to file your defence and i understand you did so. What you filed at this stage seems utterly irrelevant, as you were served with an unless order, which required compliance or you were automatically struck out.

CPR 3.8 is clear, the sanctions bite no matter what and you must seek relief from sanctions.

Given the time that has passed i think any application will be faced with considerable difficulty, delay will be the biggest problem for you

[Dogwithabone]

Ok so if the Court didn't order re-service of the Claim form then that is it, the Court may have take nthe view service was not necessary if you have had the copy of the claim at that point, then you were ordered to file your defence and i understand you did so. What you filed at this stage seems utterly irrelevant, as you were served with an unless order, which required compliance or you were automatically struck out.

CPR 3.8 is clear, the sanctions bite no matter what and you must seek relief from sanctions.

Given the time that has passed i think any application will be faced with considerable difficulty, delay will be the biggest problem for you

Thank you for your reply.

Not only was the original Claim Form never served, but neither was any copy of it at any time to date.

As for the Unless Order in respect of filing the DQ, it was complied with as the DQ was filed within the seven days allowed under the CPR's for an Unless Order to take effect from the deemed date of service. The suggestion that my Defence - quote- "stood struck out" came from the Claimant's solicitor and NOT from the Court. The Order restoring the set aside Judgment stated that it was on the grounds of my failure to file the DQ on 26 June 2017, whereas I had in fact filed the DQ four clear days earlier on 21 June 2017.

It seems to me that what has happened here is that an overburdened Court, working months in arrears with outstanding business, has been led by the nose, through it's public counter staff, by an unscrupulous solicitor indulging in a calculated and deliberate abuse of due process against an LiP.

[Amethyst]

instructing me to file a Directions Questionnaire by 20 June 2017 was received in the post.
Circumstances caused me to file the DQ on 21 June 2017, one day later than stated

Here you say the order was to file the DQ by the 20th June ( there was some question over the date due to late service of the order on you )

Anyway - the other side filed an application ( on the 22nd) to strike out your defence and reinstate the original judgment - you responded to that application but the judge found in their favour without a hearing. That was Sept 2017 and you did nothing further to challenge that decision at the time ? As PT says "Given the time that has passed i think any application will be faced with considerable difficulty, delay will be the biggest problem for you"

[pt2537]

Thank you for your reply.

Not only was the original Claim Form never served, but neither was any copy of it at any time to date.

As for the Unless Order in respect of filing the DQ, it was complied with as the DQ was filed within the seven days allowed under the CPR's for an Unless Order to take effect from the deemed date of service. The suggestion that my Defence - quote- "stood struck out" came from the Claimant's solicitor and NOT from the Court. The Order restoring the set aside Judgment stated that it was on the grounds of my failure to file the DQ on 26 June 2017, whereas I had in fact filed the DQ four clear days earlier on 21 June 2017.

It seems to me that what has happened here is that an overburdened Court, working months in arrears with outstanding business, has been led by the nose, through it's public counter staff, by an unscrupulous solicitor indulging in a calculated and deliberate abuse of due process against an LiP.

by your own admission the DQ was late. Court staff cannot give legal advice, it was not within their remit to tell you everything would be fine. The rules are clear im afraid, as i highlighted above CPR 3.8 bites, you get ordered that unless by 6th June you do X then you are struck out, if you do it on the 7th June then youre dead in the water til you apply for relief from sanctions.

Sorry to be the bearer of bad news but your claim is dead as a dodo