Stricter compliance with Court Deadlines and Orders required

legal_updates

You simply must not let court documents fester away in the hope that someone somewhere will deal with them at some point.

Author: Jason Williams
Published:
Reading time: 2 minutes

This article is 7 years old.

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.

Following a Court of Appeal decision last year, the Courts are clamping down on missed deadlines or failure to comply with Orders of the Court, the Civil Procedure Rules and their connected Practice Directions.

What this means to you is that you simply must not let court documents fester away in the hope that someone somewhere will deal with them at some point.  We are here to help you avoid that problem.  So the moment you receive any court papers, no matter how straight-forward they may appear, you ought to be discussing them with us.

This is especially important when a County Court Claim is made against you.  Do not delay because if Judgment is given as a consequence of there being no response from you within the short timescale allowed, you will first need to pay £155 to apply to have that Judgment set aside.  Then you will need to convince a Judge that there was good reason for you not having defended the Claim on time.  And woe betide the person who delays in making an Application to set aside that Default Judgment.  

An Application to do just that recently failed on Appeal even though the Default Judgment was given in favour of the Claimant despite them having brought the Claim outside of the six year limit. A party against whom a Judgment in Default has been entered had a clear obligation to apply promptly to set aside judgment.  

Cases such as these remind us all that the courts are now much less forgiving with those who miss deadlines.  But also we need to ensure that whatever the court tells the parties to do, they simply must do it and we, at Lawgistics, will need to be equally as vigilant in ensuring that we meet with all the technical requirements of the Civil Procedure Rules.  

Jason Williams

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.