The long winding road for an Unless Order

Brief overview

  • Claim is issued on a non-PI civil lit claim.
  • Defence is filed (which is filled with ridiculous points and an eye watering 100% contributory negligence claim).
  • We suspect that D’s solicitor is on delegated authority and not in contact with their Principal’s insured. D’s solicitor has signed the defence.
  • Reply to Defence is file (and kept short, due to my style being to not replead the entire claim, but note D’s errors).
  • Part 18 Questions are put to D. We demand the Replies be signed by a statement of truth of their named client.
  • D’s solicitor asks for a 2 week extension on our 21-day request. This is granted.
  • After 5 weeks, and no Part 18 Replies, we apply for an Unless Order
  • In the meantime, D/Q’s were filed and the claim was stayed.
  • Due to the delights of our system, we had to file updated D/Q’s following the stay (!)
  • After 4 (yes four) weeks, despite numerous telephone calls to the Court and being assured the application was with the duty Judge at the County Court Money Claims Centre, the claim is transferred to a South East Court.
  • We telephoned the Court in the South East and asked for our application to be prioritised and was told as a new claim it is likely to be at the bottom of the pile. I do not have an issue with this as they have inherited this problem.

So here we are, over 11 weeks from making a Part 18 Request, and over 4 weeks since making our application for a 7 DAY UNLESS ORDER.

D’s solicitor remains silent in response to our letters and voicemails. We are not optimistic of them signing our consent order. We are even less optimistic on getting the Unless Order in July 2015.

A trainee in our office is running a book (maximum bet £5 -odds of 5/1 before 7 July; 3/1 between 8-15 July; evens between 16-23 July; all money to charity if the Order arrives 24 July onwards).

Over and out.

Legal Orange

Advertisements

2 thoughts on “The long winding road for an Unless Order

  1. Pingback: CIVIL PROCEDURE, COSTS & SANCTIONS: LINKS TO RECENT ARTICLES AND POSTS | Civil Litigation Brief

  2. Pingback: A judge ignoring an application and making a quasi-decision by building in partly into directions | Legal Orange

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s