Court Hearing - "directions to be issued"

[the_lone_wolf]

Hi all

Submitted a claim against our (now former) landlord over deposit protection, the case is completely open and shut, the landlord has no defence but that's not what I'm asking about. The timeline of events goes something like as follows:

• 24/09 : Sent Letter Before Action, threatened court action on or after 9th October, signed for by landlord's surname - NO RESPONSE.
• 14/10 : Filed Part 8 Claim form N208, served by the court on 25/10, deadline for the landlord to acknowledge service was 05/11 - NO RESPONSE.
• 06/11 : On CC Clerk's advice, wrote to the court requesting the case be put before a judge for judgement, preferably without a hearing as the defendant is ignoring the claim and has no defence.
• 17/11 : Receive an order from the court listing a hearing for 01/12 "for either directions to be issued or if the Defendant fails to attend orders may be granted to determine the claim."

Now, the landlord is a piece of work, she will be deliberately ignoring the claim due to her having no defence and being both stupid and stubborn. Obviously the court has to give everyone the best chance they can of defending a claim, but I have a nasty feeling that "directions to be issued" means we go almost back to square one and she gets a second chance to submit a defence and string the whole process along even further.

Ideally I'd like to get the case concluded during this hearing, but I'm thinking unless she doesn't show up this isn't going to happen

Am I right in my interpretation of the court's communication?

[JustinP1]

"Directions" are the directions the court gives to the parties in order to make sure everything is in place for the hearing. For example, all evidence from both parties to be filed with the other party and the court by a certain date.

I would suggest that the court are being cautious. If they were to make an order without a hearing, parties have the opportunity to appeal against it, so the process can go back and forth again.

[the_lone_wolf]

JustinP1 said:

"Directions" are the directions the court gives to the parties in order to make sure everything is in place for the hearing. For example, all evidence from both parties to be filed with the other party and the court by a certain date.

I would suggest that the court are being cautious. If they were to make an order without a hearing, parties have the opportunity to appeal against it, so the process can go back and forth again.

Thanks Justin - I get the impression from the tone of the sentence I quoted that they are being cautious too, making it clear they are giving the defendant (who in fairness they know nothing about) as much chance as possible to engage with the process. Frustrating as if you'd had the year we've had with her you'd know she's only doing as much as possible to spite us

We have filed all the evidence we currently intend to use with the original claim form (two claimants meant the stack I took to court was about an inch and a half thick!!). My understanding of the word "directions" was as you've stated. If she suddenly decides to turn up would you hazard a guess as to how soon the next hearing might take place? The clerk told me our claim was, for whatever reason, a priority case, if that makes any difference.

I still think we're doing pretty well to get a hearing within weeks of the initial claim, and the county court senior clerk has been excellent throughout

[Collectingbrass]

OP, do you need to pull together an overall court papers pack containing both sides evidence? I only ask as I have just been to a Leasehold Valuation Tribunal where we had a similar size pack of stuff, but for both sides. We were complimented by the lead Judge (who was straight out of Rumpole) for keeping it short and having each page numbered and tabbed, so if you get the opportunity it would be worth doing- so you look organised and business like, especially if your landlord is obfuscating and in denial.

[the_lone_wolf]

Collectingbrass said:

OP, do you need to pull together an overall court papers pack containing both sides evidence? I only ask as I have just been to a Leasehold Valuation Tribunal where we had a similar size pack of stuff, but for both sides. We were complimented by the lead Judge (who was straight out of Rumpole) for keeping it short and having each page numbered and tabbed, so if you get the opportunity it would be worth doing- so you look organised and business like, especially if your landlord is obfuscating and in denial.

We've not been instructed by the court to provide document bundles (I think that's the term) but all of our documents the case currently relies on have been provided to the landlord and courts with our claim form. The legal argument for the case is set out in our particulars of claim which was ghost written by a friend of mine who is a solicitor with expertise in landlord/tenant cases and is very comprehensive, but written in concise numbered paragraphs that can be referred to easily. All our evidential documents are copied with "EXHIBIT A, B, C" etc watermarked, and we'll have the original documents with us. We've not received anything from the defendant, so nothing to add from her side. The County Court clerk complimented not only our correct use of Part 8 rather than Part 7 but also the organisation of the documents, I get the impression he was sympathetic for us and wants the case to get heard and wrapped up quickly.

[JimiGT]

It seems slightly unusual that court has not made an order for Judgment in Default where the Defendant has failed to file a Defence or an Acknowledgment of Service within then normal periods and the Claimant has requested Judgment. The relevant rule is CPR 12.3:

"12.3

(1) The claimant may obtain judgment in default of an acknowledgment of service only if –
(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and
(b) the relevant time for doing so has expired.

(2) Judgment in default of defence may be obtained only –
(a) where an acknowledgement of service has been filed but a defence has not been filed; ...


and, in either case, the relevant time limit for doing so has expired."

It may be that the way your in which your Claim Form / Particulars of Claim were drafted does not allow the court to easily ascertain the amount for which Judgment should be entered. In those circumstances Judgment would normally be entered "for an amount to be decided by the court" and the case would be listed for a disposal hearing where the Defendant could turn up to argue about the amount they have to pay rather than the fact that they have to pay something.

It may just be that the Judge looking at the Court file has decided, for what ever reason, that it would be best simply hold a hearing to sort through all the issues.

If it were me I would probably file form N227 (request for Judgment in Default - amount to be decided by the court - http://hmctsformfinder.justice.gov.uk/courtfinder/... ahead of the hearing just to be sure the court is clear on what you are asking for. Then turn up, be polite and speak in simple terms. There's no need for it to be over complex:

You made a claim;
The Defendant didn't respond;
You requested Judgment in Default;
You are not aware of any reason why Judgment should not be entered or why the Defendant should be entitled to set any such Judgment aside;
You think your claim is worth £X because of Y.

Hope this helps. Obviously normal caveats apply, I am a lawyer but haven't seen any of the papers and do not know all the facts - you should instruct a solicitor if you want advice which you are able to rely on.

[JustinP1]

JimiGT:

The OP has used Part 8 procedure for filing the claim. This is in effect a shortened version of proceedings on the presumption that there is not a dispute as to the facts.

You can't apply for or obtain a judgment in default under part 12 of the CPRs as you would be able to usually.

[the_lone_wolf]

JimiGT - thanks for pointing that out

Unfortunately, Landlord and Tenant claims must be issued under Part 8 of the CPR, and you cannot request Default Judgement in Part 8 cases



edit: Beaten to it by Justin...

Edited by the_lone_wolf on Thursday 26th November 10:25