To all claimants solicitors - keep diarising and ensure compliance with court orders. Should you fail to do so apply for relief as soon as you can as any delay will undoubtedly prejudice your application for relief .
The defendant’s lack of promptness in applying for relief was the critical factor according to Jackson, following the hearing last month.
Let's make sure we don't fall foul and hold the defendants to task should they do so.
Lord Justice Jackson has upheld a £211,000 claim won by default after the defendant missed their final chance to submit a court document.Jackson,said Oak Cash and Carry’s solicitors had been too late in applying for relief from sanctions. The defendant’s had already failed to file a pre-trial checklist within a three-month deadline set by a district judge.After being given an 'unless' order, in effect extending the deadline by two weeks, the defendant failed to serve the checklist until two days after the new limit. The Court of Appeal heard that during the three months the defendant’s solicitors were given to comply, the solicitor assigned to the case was called away with personal difficulties. The default judgment against Oak Cash and Carry was allowed to stand.