Author: Jason Williams
Published: March 4, 2024
Reading time: 2 minutes
This article is 5 months old.
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“Read the court order most carefully” will doubtless be inscribed on my tombstone. Probably after having been killed due to reading court directions and forgetting that I had stepped onto the road – but that is a story for my remaining colleagues to muse over.
However, Chelmsford County Court sent out an order telling the parties to turn up at 11.00 on a certain date. What the unfortunate Claimants (husband and wife) had not appreciated, was that the hearing was listed for the court at Central London.
By the time they had realised, it was too late, and only our member and his advocate appeared.
The Claim was dismissed.
The Claimants sought to set it aside – paid £285 – and included a witness statement from a parent who had their children dropped off in readiness, to show how prepared they were. Shame they hadn’t realised that they were heading for the wrong location altogether.
Their set aside application was not permitted. The judge wasn’t hugely interested in the reason for their “no-show”. He decided the defence was strong, the claim had no merit, and was not justified to have even more court time allocated to it.
An expensive lesson to learn.
The defence was drafted by Lawgistics Litigation for the Motor Trade and the advocate was from LPC Law.
