A judge ignoring an application and making a quasi-decision building (or hiding) it partly into directions

Linking back to a previous article on my client’s application for an Unless Order relating to Part 18… (https://legalorange.wordpress.com/2015/06/30/the-long-winding-road-for-an-unless-order/)

Late last week, before the court made a decision, the defendants’ solicitor served a HANDWRITTEN response.

Yes, they asked a low-level employee of one of the defendants to hand write some answers and they had the cheek to serve it. All the more embarrassing, a lot of the answers said “Don’t know” or had “n/a” written on it.

It may be important to note, this was a top 30 law firm who served this.

2 days after receiving this, the Court handed down directions. Hidden within the directions was a provision for the defendants to reply to the Part 18 request by a set date. That date is yet to pass. We have asked them to try again…

Nothing mention about our client’s application. Nothing ordered in relation to a sanction (i.e. it was not an unless order). Absolutely silent on costs. The paragraph only allowed the defendant to apply to set aside or vary this decision on Part 18.

So if they don’t serve a better reply, we have to make a FURTHER application. It took 11 weeks from start to finish. Any further application will probably involve another month. This would mean from start to finish, our initial request, extension, initial application and 2nd application would be almost a third of a year from start to finish.

If this is what the defendants serve for Part 18, we are likely to have at least another one or 2 applications when they inevitably mess up disclosure!

Over and out.

Legal Orange.

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One thought on “A judge ignoring an application and making a quasi-decision building (or hiding) it partly into directions

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

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