Posted in the Court forum - Case Adjourned indefinitely?

[Jarvo1234]

Hi Everyone, Happy New Year, I have posted the following in the Court forum hopefully I got it right?:*

Our Limited company sacked a non-employed business consultant for non-performance in November 2018. He hit us with an invoice for non-agreed 'final' fees which we refused to pay. He issued a SCC monetary claim which we defended but due to a court error our defence wasn't heard and so the judgement was issued against us. We gained a set-aside order in July 2019 and the case was due to go to Nottingham Court but has subsequently been moved to Chesterfield (closer to the claimants home). We have today received a court General form of Judgement saying that without a hearing the claim is adjourned to a 'date to be fixed' as this gone on for over a year and we have no idea as to how much longer this will drag on for should we object to the order? At some stage the owners of the business will want to dispose of the business and to have this 'pending' court case will harm the sale of the business.

[Amethyst]

Does the order say why the hearing has been adjourned?

[Jarvo1234]

Does the order say why the hearing has been adjourned?

No, it just says it is adjourned "to a date to be fixed"

[Amethyst]

Pain in the bum, if it doesn't say anything else like ' on reading a letter from the claimant ' or something then it is probably just a court issue ( staffing / ceiling falling in / ridiculously busy etc ) and there's not a lot to be done about it.

You've had the judgment set aside, and your defence has been taken as filed and served on the claimant and the hearing is for the full hearing of the claim ? is that right?* did your original hearing date order give any directions as to witness statements/evidence/document exchange ?

[Jarvo1234]

Pain in the bum, if it doesn't say anything else like ' on reading a letter from the claimant ' or something then it is probably just a court issue ( staffing / ceiling falling in / ridiculously busy etc ) and there's not a lot to be done about it.

You've had the judgment set aside, and your defence has been taken as filed and served on the claimant and the hearing is for the full hearing of the claim ? is that right? did your original hearing date order give any directions as to witness statements/evidence/document exchange ?

Thanks for the reply.* The hearing is for the full hearing of the claim.* Since the court mistake with regards to the evidence and the granting of the set-aside order there has been no direction from the court because they won't accept any further document submissions until a court date has been set apparently.* So going back to your first paragraph, I think it must be due to staffing/ceiling falling in/ridiculously busy as you say.* But it just leaves my company in limbo so I wondered whether to challenge the adjournment.

[Amethyst]

Tbh if it's due to court issues and not a request by either party there's not much point challenging it. You could of course attempt to negotiate settlement to avoid wasting further time and costs. The CCJ no longer exists and the aim, I assume, is to keep the company free of CCJs for as little cost, and as quickly, as possible.

How much is the claim for approx?