Court Order Guidance
Discussion
Long story short:-
Back end of last year, the company I work for started legal proceedings against a property developer with regard to a long overdue debt. I attended a preliminary hearing where the district judge outlined what the next steps each party needed to take. This was followed up by a Court Order that requested that the Defendant (property developer) file and serve an amended Defence to our claim by 16:00 hours on a given date. However, this amended Defence document was received by me via e-mail at 16:55 hours on the date stipulated by the Court Order.
Now, I don't know if this Defence document was filed with the Court at or prior to 16:00 hours on the required date, but it can be seen that the document was served to us 55 minutes late.
The question then is, has that Defence document now become invalid as it did not comply with the filing and serving directions stipulated in the Court Order? Further, is it Contempt of Court and something I can rely on in my response?
Sage advice appreciated.
Cheers
Back end of last year, the company I work for started legal proceedings against a property developer with regard to a long overdue debt. I attended a preliminary hearing where the district judge outlined what the next steps each party needed to take. This was followed up by a Court Order that requested that the Defendant (property developer) file and serve an amended Defence to our claim by 16:00 hours on a given date. However, this amended Defence document was received by me via e-mail at 16:55 hours on the date stipulated by the Court Order.
Now, I don't know if this Defence document was filed with the Court at or prior to 16:00 hours on the required date, but it can be seen that the document was served to us 55 minutes late.
The question then is, has that Defence document now become invalid as it did not comply with the filing and serving directions stipulated in the Court Order? Further, is it Contempt of Court and something I can rely on in my response?
Sage advice appreciated.
Cheers
There is a certain amount of leniency in the small claims track because the assumption is that there will be a lot of litigants in person and people who are generally unfamiliar with legal proceedings.
Whilst technically you would have a case to point out that the Order has not been complied with, realistically nothing is going to change if it was merely an hour late.
If there is a pattern of consistent non-compliance, then this could weigh on a Court’s attitude, though.
EDIT: Just realised you didn’t stipulate it was on the small claims track.
Whilst technically you would have a case to point out that the Order has not been complied with, realistically nothing is going to change if it was merely an hour late.
If there is a pattern of consistent non-compliance, then this could weigh on a Court’s attitude, though.
EDIT: Just realised you didn’t stipulate it was on the small claims track.
Edited by Durzel on Thursday 6th February 20:56
cherryowen said:
Long story short:-
Back end of last year, the company I work for started legal proceedings against a property developer with regard to a long overdue debt. I attended a preliminary hearing where the district judge outlined what the next steps each party needed to take. This was followed up by a Court Order that requested that the Defendant (property developer) file and serve an amended Defence to our claim by 16:00 hours on a given date. However, this amended Defence document was received by me via e-mail at 16:55 hours on the date stipulated by the Court Order.
Now, I don't know if this Defence document was filed with the Court at or prior to 16:00 hours on the required date, but it can be seen that the document was served to us 55 minutes late.
The question then is, has that Defence document now become invalid as it did not comply with the filing and serving directions stipulated in the Court Order? Further, is it Contempt of Court and something I can rely on in my response?
Sage advice appreciated.
Cheers
What did the company solicitor say?Back end of last year, the company I work for started legal proceedings against a property developer with regard to a long overdue debt. I attended a preliminary hearing where the district judge outlined what the next steps each party needed to take. This was followed up by a Court Order that requested that the Defendant (property developer) file and serve an amended Defence to our claim by 16:00 hours on a given date. However, this amended Defence document was received by me via e-mail at 16:55 hours on the date stipulated by the Court Order.
Now, I don't know if this Defence document was filed with the Court at or prior to 16:00 hours on the required date, but it can be seen that the document was served to us 55 minutes late.
The question then is, has that Defence document now become invalid as it did not comply with the filing and serving directions stipulated in the Court Order? Further, is it Contempt of Court and something I can rely on in my response?
Sage advice appreciated.
Cheers
cherryowen said:
Long story short:-
Back end of last year, the company I work for started legal proceedings against a property developer with regard to a long overdue debt. I attended a preliminary hearing where the district judge outlined what the next steps each party needed to take. This was followed up by a Court Order that requested that the Defendant (property developer) file and serve an amended Defence to our claim by 16:00 hours on a given date. However, this amended Defence document was received by me via e-mail at 16:55 hours on the date stipulated by the Court Order.
Now, I don't know if this Defence document was filed with the Court at or prior to 16:00 hours on the required date, but it can be seen that the document was served to us 55 minutes late.
The question then is, has that Defence document now become invalid as it did not comply with the filing and serving directions stipulated in the Court Order? Further, is it Contempt of Court and something I can rely on in my response?
Sage advice appreciated.
Cheers
Strictly speaking they are out of time. They need your consent to waive late service or failing that the court’s sanction. Back end of last year, the company I work for started legal proceedings against a property developer with regard to a long overdue debt. I attended a preliminary hearing where the district judge outlined what the next steps each party needed to take. This was followed up by a Court Order that requested that the Defendant (property developer) file and serve an amended Defence to our claim by 16:00 hours on a given date. However, this amended Defence document was received by me via e-mail at 16:55 hours on the date stipulated by the Court Order.
Now, I don't know if this Defence document was filed with the Court at or prior to 16:00 hours on the required date, but it can be seen that the document was served to us 55 minutes late.
The question then is, has that Defence document now become invalid as it did not comply with the filing and serving directions stipulated in the Court Order? Further, is it Contempt of Court and something I can rely on in my response?
Sage advice appreciated.
Cheers
In reality: the court would see you as a total dick if you made the other side waste time and money going to court to get sanction, so waive it. Exceptions: you have suffered real prejudice by it being 55 minutes late (implausible) or the defence is a pile of rubbish (ask a lawyer to look at it and tell you).
cherryowen said:
Sorry, yes, I should mention it's going though the small claims track and although it's the company that is seeking recourse, as I'm administering the claim [/b]I did file as litigant in person]/b] prior to the preliminary hearing.
If the company is the claimant, presumably you have since corrected that error?As Durzel said, if the defendant is a LIP the judge isn't likely to get unduly bothered over a mere 55 minutes.
It will only be persistent failure to abide by directions which will raise judicial eyebrows.
You need to be a bit careful. IANAL but if you’ve filed the claim as an individual then the Defendant (or their counsel) could potentially claim that they have no contractual relationship with you, the Claimant, and seek to get it struck out.
IANAL but on small claims track there’s going to be a bit of leeway when it comes to technicalities, in both directions. If you are actually prejudiced by the non-compliance with an Order, then that would have more weight than simply receiving something a bit late.
The bar to strike out a claim pre-trial is reasonably high simply because ultimately the judge wants to hear both sides of the argument. Even a case that you might think is unwinnable for them is still likely to end up in a court hearing if both parties are generally compliant.
An exception to the above are “unless orders“. These must be complied with under penalty (usually) of automatic strike out. If the judge gets sufficiently irritated by one party’s conduct they may impose this for more than just the usual (payment of court fees).
There is nothing stopping you from mentioning the Defendant’s non-compliance either in your Witness Statement, or via email/letter to the Court, or both. As said though, service that is an hour late isn’t really going to make any practical difference. The Court itself would be operating on a backlog of several days anyway so they haven’t got someone there counting down to 16:00 to see if it gets there. If it’s on a Friday (they usually are) then they could process it days later and still consider it “on time”.
IANAL but on small claims track there’s going to be a bit of leeway when it comes to technicalities, in both directions. If you are actually prejudiced by the non-compliance with an Order, then that would have more weight than simply receiving something a bit late.
The bar to strike out a claim pre-trial is reasonably high simply because ultimately the judge wants to hear both sides of the argument. Even a case that you might think is unwinnable for them is still likely to end up in a court hearing if both parties are generally compliant.
An exception to the above are “unless orders“. These must be complied with under penalty (usually) of automatic strike out. If the judge gets sufficiently irritated by one party’s conduct they may impose this for more than just the usual (payment of court fees).
There is nothing stopping you from mentioning the Defendant’s non-compliance either in your Witness Statement, or via email/letter to the Court, or both. As said though, service that is an hour late isn’t really going to make any practical difference. The Court itself would be operating on a backlog of several days anyway so they haven’t got someone there counting down to 16:00 to see if it gets there. If it’s on a Friday (they usually are) then they could process it days later and still consider it “on time”.
As unfair as it may seem, but the courts usually let these things slide - especially when it was served within an hour of the deadline.
If there's a pattern of this sort of behaviour, then you could ask the Judge to take a harder line and exclude the documents, but it's not gauranteed.
If there's a pattern of this sort of behaviour, then you could ask the Judge to take a harder line and exclude the documents, but it's not gauranteed.
Would it be proportionate and in line with CPR for the court to rule against the defendant for being 55 mins late serving a defence?
Common sense is far more common in the courts than people think and ongoing cases aren't often won or lost over minor, singular CPR transgressions.
I just hope you're not trying to be claimant for the company having filed in your own name, assuming the amended defence doesn't bring this up as an issue?
Common sense is far more common in the courts than people think and ongoing cases aren't often won or lost over minor, singular CPR transgressions.
I just hope you're not trying to be claimant for the company having filed in your own name, assuming the amended defence doesn't bring this up as an issue?
Some incorrect advice above (and some correct). This is a claim by a business (but for for some reason the OP has apparently chosen to sue in his own name). A business can set off the costs of legal advice as a business expense, so it is not clear why the OP is on here begging for free advice on a company matter.
Those interested in the sanctions that may and may not follow on non compliance with court rules and orders may wish to have a look at the case of Denton/Decadent Vapours, and its follow ups. This article is from 2016, and there's been a bit of scuffling since then, but it's not a bad summary.
http://www.littletonchambers.com/relief-from-sanct...
Those interested in the sanctions that may and may not follow on non compliance with court rules and orders may wish to have a look at the case of Denton/Decadent Vapours, and its follow ups. This article is from 2016, and there's been a bit of scuffling since then, but it's not a bad summary.
http://www.littletonchambers.com/relief-from-sanct...
Breadvan72 said:
Some incorrect advice above (and some correct). This is a claim by a business (but for for some reason the OP has apparently chosen to sue in his own name). A business can set off the costs of legal advice as a business expense, so it is not clear why the OP is on here begging for free advice on a company matter.
Those interested in the sanctions that may and may not follow on non compliance with court rules and orders may wish to have a look at the case of Denton/Decadent Vapours, and its follow ups. This article is from 2016, and there's been a bit of scuffling since then, but it's not a bad summary.
http://www.littletonchambers.com/relief-from-sanct...
Can you elaborate on which information is wrong? I’m always keen to be educated on an interesting subject.Those interested in the sanctions that may and may not follow on non compliance with court rules and orders may wish to have a look at the case of Denton/Decadent Vapours, and its follow ups. This article is from 2016, and there's been a bit of scuffling since then, but it's not a bad summary.
http://www.littletonchambers.com/relief-from-sanct...
Breadvan72 said:
Durzel said:
Can you elaborate on which information is wrong? I’m always keen to be educated on an interesting subject.
I might do later, but would have to do so artfully in order to avoid giving the undeserving and possibly dodgy OP free advice. But am now out frolicking. 
k you very much.I was requested by my company to pursue this matter, for which I was comfortable with having some legal background from my university days (Donoghue v Stevenson and Butler Machine Tool v Excell-O Corporation being statutes pertinent to my profession), but having not previously entered into the legal process I was a little unclear on procedures, and requested advice on a possible time-barred contravention of the Court Order.
Nothing more than that.
I posted my question in good faith, with an expectation of balanced responses; most of which were exactly as expected and welcomed.
Then you pile in with:-
Undeserving and dodgy
Jesus
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff