Confused

[Knowmore]

The deputy district judge sitting in county court made an order upon reading the defence letter from 3 months ago saying the defendant has permission to file and serve an amended defence.
why would he do that but more importantly should I apply to have the order set aside since I believe he had no defence to what they did to me ?

[charitynjw]

Hi & welcome to LB.

Did the defendant make an application to amend, or has the DDJ decided this way forward him/herself (of his/her own volition)?
Presumably this was without hearing?

[Knowmore]

Hi
thank you for your welcome.
yes the DDJ did it himself and yes without a hearing.
it seems strange because the defendant is a solicitor and I'm wondering if there's collusion going on

[Amethyst]

Do you have a copy of the defence? It may be the original wasn't compliant with the Practice Directions. If you can redact and post we might have a better idea as to the reason.

Had you filed a reply to the Defence ?

Have Directions Questionnaires been completed and filed ? and the case transferred to the parties local court ?

Is their a sanction for non compliance included on the order ?

[Knowmore]

Hi,
yes I have a copy to the defence dated 23 April 2019 , it says 'the defendant was not in breach of its covenant for quite enjoyment given the claimant (that's me) could have left the premises but chose not to do so'.

I have not filed a reply to the defence, I did not know I had to at this time.

No direction questions have been filed or asked for.

Yes there is a sanction saying they must comply with the order otherwise it's liable to be struck off.

I just don't get why the judge offered them an amended defence opportunity ?

[charitynjw]

Hi,
yes I have a copy to the defence dated 23 April 2019 , it says 'the defendant was not in breach of its covenant for quite enjoyment given the claimant (that's me) could have left the premises but chose not to do so'.

So you (Claimant) could have avoided interference of your right to quiet enjoyment of the premises by leaving the premises?

That makes sense.....Not!

[Amethyst]

Is the case against your landlord ? Pre notified building work ?

If the judge was minded to strike out the defence without a hearing or application then it is standard for them to give notice to the party, if the defendant doesn't comply the defence would be struck out and you would be able to obtain a default judgement against them.