Applied for extension to file defence and a hearing has been set - now in limbo

[Dazed.com]

Hello everyone

So I had an unless order where criteria were stipulated for both the claimant and myself that had to be met. My defence had to be in today. If not filed the claimant can request judgment by default.

At the beginning of the week I asked for an extension. The office didn't get the decision until this morning. Today I have been told there is a hearing next week about it when the judge will decide.

1. Can the other party still be granted judgment by default if they request it when there is a hearing pending?

[echat11]

Hi DAZED.COM

Welcome to LB

Get your Defence in, email it to the Court and the Claimant.

Add a covering letter with evidence, that you sought an extension, but the Court didn't read it until this morning.

They can try, but I'm not sure they would get especially if you get your Defence in.

[Dazed.com]

If I am not able to get my defence in today what happens if at the hearing the judge decides not to give an extension (as I obviously haven't filed defence by the date specified on order)?

[echat11]

If I am not able to get my defence in today what happens if at the hearing the judge decides not to give an extension (as I obviously haven't filed defence by the date specified on order)?

That really depends on what the Judge decides to do, you have to wait for the Hearing to find out.

[Dazed.com]

Ok so I am in a bit of a situation. I got an extension on the unless order. In hindsight I should have asked for more time. I had a deadline to meet and I missed it by minutes because the internet connection started to play up. The screen just would not load on the internet so ended up filing it late. I would have had it in on time otherwise. I now don't know what to do because the other party is at liberty to ask for default judgment. However I do not know if that means they can only ask for default judgment within the time period that I have not submitted it and once it is submitted there is nothing they can do. Although how do I find out what time they asked for default judgement? Is there anything I can do now?

[atticus]

How late? You probably need to apply for "relief from sanctions".

[echat11]

Ok so I am in a bit of a situation. I got an extension on the unless order. In hindsight I should have asked for more time. I had a deadline to meet and I missed it by minutes because the internet connection started to play up. The screen just would not load on the internet so ended up filing it late. I would have had it in on time otherwise. I now don't know what to do because the other party is at liberty to ask for default judgment. However I do not know if that means they can only ask for default judgment within the time period that I have not submitted it and once it is submitted there is nothing they can do. Although how do I find out what time they asked for default judgement? Is there anything I can do now?

The best thing to do, is to ring the Court, inquire if they've received your documentation, explain that you had technical difficulties, ask if the other party has taken any action on the claim.

[Dazed.com]

Hello everyone

Just a quick question.

How many days/weeks before a hearing would witness statements and evidence normally be expected to be submitted and how much notice would normally be given by a judge to do this?

[Pezza54]

On the small claims track, all documents including witness statements and evidence should be filed with the court and served on the other party or parties no later than 14 days before the date set for the hearing. Do check the court order though

The court order that sets the time and date for the hearing usually includes a paragraph about filing and exchanging documents. So you should have ample time to prepare your witness statement

[echat11]

Hello everyone

Just a quick question.

How many days/weeks before a hearing would witness statements and evidence normally be expected to be submitted and how much notice would normally be given by a judge to do this?

Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf