Never ignore court paperwork

legal updates

In a recent set aside hearing the judge was having none of it and refused to set aside the judgement.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

We submit a fair number of applications to set aside judgements in default where our member has not received the claim, or not submitted a defence. 

They are generally successful and in the interests of justice, the matter proceeds to a full trial. However, in a recent set aside hearing the judge was having none of it and refused to set aside the judgement, ostensibly because he found the vehicle was defective at the point of sale and the defendant therefore had no real prospect of successfully defending the claim.  However, the judge also made it very clear he did not accept the defendant’s submission they had not received the claim in the first place. 

It was our member, the defendant, who stated they did not receive the claim during the pandemic due to the stretched postal service and that they promptly submitted an application to set it aside when the judgement in default was received. 

The other party argued our member would have been prudent to have their post redirected to someone in the company so that it could have been monitored.  They argued that as the business has been able to operate remotely, the defendant should have received emails and should have been on notice.  The other party argued, that on the balance of probabilities, the defendant had received the claim form but had not acted upon it and the judge agreed with them. 

The judge went on to find the vehicle was defective at the point of sale in any event and that he did not consider that the defendant’s lack of awareness of the summons constituted a good reason why the default judgement should be set aside.  The judge found the defendant had been on notice and that a default judgement was ‘coming down the track’, given they had chosen to ignore the claim. 

The judge was not persuaded that the closure of the business premises was a sound reason to set aside judgement and commented that it is essential for all businesses to manage their premises and in this case, the defendant had not. 

Another member has incurred costs following their failure to respond to an employment tribunal claim during the disruption caused by the pandemic and a variety of other factors. 

Tribunal rules are extremely harsh as to the effect of failing to present a response to an employment tribunal claim.  It prevents the respondent from participating in any hearing of the case, save as permitted by the tribunal and unfortunately, counsel’s advice to our member was that the cost of taking the extremely late action required would likely outweigh the outcome.  We cannot stress enough – do not ignore court paperwork under any circumstances.  Make sure you have administrative systems in place to manage in any eventuality. 

HR ManagerSo simple even a child could use it

HR Manager is designed to assist employers manage their legal obligations in relation to Employment Law, Human Resources, Health & Safety and Data Protection. Fully utilising HR Manager will demonstrate best practice, assist in the meeting of legal obligations and show due diligence.

Polly DaviesLegal AdvisorRead More by this author

Related Legal Updates

The law is not an exact science

We have all had surefire winners fail due to the smallest issue, but equally, we have all won cases that we had no right to.

A reasonable price to be paid for a service

The defendant paid only a portion of the invoice, promising to pay the remainder in good time, and took the vehicle.

It’s official – the Civil Procedure Rules are no longer “New”!

One might reasonably ask oneself: “Why is any of this of interest to me?”

Can an entire family bring court proceedings for an alleged defective car?

Luckily the Ruffles’ family dog didn’t turn up either as no doubt Pooch would have been allowed a woof on the witness stand too!

The court finds car dealer partly liable for damage caused by the removal of a sticker!

Due to COVID-19, the court held an Early Neutral Evaluation, a 30-minute telephone assessment of each party’s position.

Introduction of Small Claims Paper Determination Pilot Scheme

If you receive or issue a court claim which is subject to the pilot scheme, preparation of your claim or defence and statements will be crucial.

The real difference between claims under and over £10k

Litigation isn’t always just about having a strong argument, there are many factors that can help you win a case and reduce your risk.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.