Tweet
Hello!
We have issued money claim in County court(ask damages up to 5k and Injunction(property dipsute))
1. Defendent failed to prepare the defence by the specific date. Time to prepare defence was given to Def at first hearing (order was issued, Def attended 1st hearing)
2. Defendant fail to prepare defence by the date and we request Default Judgment.
3. Defendant file his defence with delay but Judge issued default judgment. Defence was really poor and contains smth like "Para 1. We reject it, and so.on", no real point was given.
4. We have initiated interim injunction hearing. But at this hearing Defendant's barrister raised question about set aside Default Judgment and AMEND Defence and provide application(N244, witness statement and Order). After the hearing both barristers(ours and defendant's) disscussed smth and ask us to give permission to set aside. Our barrister insisted we should do it now because if we refuse, then court will grant set aside and Defendant would ask that we recover fee for this set aside application at final hearing.
As everything was in hurry, we gave permission by signing thier Order(and probably judge granted them set aside and let to amend defence).
Within some time We have realised that we wouldn't have to give any permission. There are no risk to be asked to pay money for their set aside application in any case. Furthermore, despite the barrister persuade us that set aside DJ and is routine procedure and would be granted and we LET them to amend defence. Barrister didn't give any reasonable explanation why we had to give permission to amend defence.
Question: We want to withdraw our permission and let the court to decide whether set aside to be granted and defence amended or not. How could we do it - just write the letter to the court? or is there any rpocedure? Our explanation for this, that we wasn't given sufficient time and infromation to think this desigion and barrister chased us. Furthermore, we didn't get any letter from Defendent with question about permision.
I woudl be grateful for any coments and help.
We have issued money claim in County court(ask damages up to 5k and Injunction(property dipsute))
1. Defendent failed to prepare the defence by the specific date. Time to prepare defence was given to Def at first hearing (order was issued, Def attended 1st hearing)
2. Defendant fail to prepare defence by the date and we request Default Judgment.
3. Defendant file his defence with delay but Judge issued default judgment. Defence was really poor and contains smth like "Para 1. We reject it, and so.on", no real point was given.
4. We have initiated interim injunction hearing. But at this hearing Defendant's barrister raised question about set aside Default Judgment and AMEND Defence and provide application(N244, witness statement and Order). After the hearing both barristers(ours and defendant's) disscussed smth and ask us to give permission to set aside. Our barrister insisted we should do it now because if we refuse, then court will grant set aside and Defendant would ask that we recover fee for this set aside application at final hearing.
As everything was in hurry, we gave permission by signing thier Order(and probably judge granted them set aside and let to amend defence).
Within some time We have realised that we wouldn't have to give any permission. There are no risk to be asked to pay money for their set aside application in any case. Furthermore, despite the barrister persuade us that set aside DJ and is routine procedure and would be granted and we LET them to amend defence. Barrister didn't give any reasonable explanation why we had to give permission to amend defence.
Question: We want to withdraw our permission and let the court to decide whether set aside to be granted and defence amended or not. How could we do it - just write the letter to the court? or is there any rpocedure? Our explanation for this, that we wasn't given sufficient time and infromation to think this desigion and barrister chased us. Furthermore, we didn't get any letter from Defendent with question about permision.
I woudl be grateful for any coments and help.
