Been to Court Today!

[pward33]

In my experience of County Courts these times can sometimes be treated as rather flexible! I sued an ex girlfriend some years ago, she missed the deadline for acknowledgement by just one day but I still got my judgment. I have heard of other cases when the defendant has acknowleged 2 or 3 days late and claimant has had the default judgment application refused.

 

I'd suggest requesting judgment - if it's refused, it's refused, what have you lost?

[pward33]

I agree. A point I made over the phone rather forcefully over the phone in my case against my ex. I had phoned the Court to ask whether judgement had been entered as per my request and was told the answer was no, as they had received an acknowledgement, albeit a day late.

 

I ranted on about, as you say, either having rules or not having them, and threatening to seek a Judicial Review in the High Court. The staff member who had the misfortune to take my call said she'd get back to me. An hour or so later she called back, saying she had spoken to one of the judges and confimed I would have my judgment! She warned me, though, that my ex, if she had good reason for being late, could apply to have the judgment set aside and would probably succeed (in the event she didn't try).

 

So, I suspect the reality might be that they have no RIGHT to take a flexible view of the rules but in fact do so to prevent courts being clogged up with applications to have judgments set aside. But that's just a hunch. Maybe you can try threatening a Judicial Review too