After the last month of ‘interesting’ CMC decisions, we had an application to set aside default judgment against our client. Some of our fee earners were at risk of leaving their faith in attending hearings.
The other side was a LIP. Sadly they were so awful in their handling of the pre-litigation claim stage; their insurer pulled cover due to their notification clause.
We managed to get the application dismissed, and the Judge was willing to assess quantum at the hearing based upon a witness statement we filed in advance (
our stupid client sent us another statement 90 mins before the hearing so it wasn’t all plain sailing!!!) We also received our costs in full which is always nice.
Seeing as our last time out saw a SJE forced on our client, in a claim where they have a solid defence (but not quite good enough for summary judgment) and another hearing where we ran out of time on multi-track cost budgeting when the Judge treated it like a detailed assessment hearing, we were getting very aggrieved.
Thanks to Norwich County Court for regaining our trust. Also credit to East Anglian Chambers who we had not used before and turned out to be a good set.
Over and out.