NON COMPLIANCE WITH COURT DIRECTIONS

Hi, its Deborah

I have just read an interesting case about someone who had not complied with the Court's directions, the penalties for non compliance are severe and your claim can be struck out. There had been a very very long delay in this matter, two years, there was some justification for delay but something could have been done by the Claimant in that time. This was someone who was very well educated. The claimant had a totally solid case and liability had been admitted, yes you did read that correctly liability had been admitted and a large sum of money offered to settle the claim. They were provided with a final opportunity from Judge to comply with Court's directions, they did so but very very inadequately, they failed to really read what the direction demanded. A claim was made by the Defendants to strike the matter out and it was granted. The claimant sought to vary to have the judgment to strick out set side and part of their application was to provide the evidence referred to in the directions promptly. They were informed that they should submit the evidence urgently, assistance was provided to help them to formulate the evidence in the correct format, and they were warned on several occasions about the necessity of speed, they were provided with all relevant case law to give an indication of the Court's approach in these matters, they faffed around, they went on holiday, they extended their holiday, upon returning from holiday they did not deal with the matter promptly in fact they did not submit the evidence on the Defendant's Solicitors until 4 days before the hearing. The evidence amounted to around 150 pages of documentation!!!!. The Defendant's Solicitors referred to the leading cases in respect of Non compliance and set out the history of the delay which now amounted to almost three years and the Judge struck out the case and ordered costs in the matter!!!!!!!, yes again you read correctly, A case where liability was admitted and a substantial sum had been offered in settlement (all this information was before the Judge). The moral of the story. DO NOT, FAIL TO COMPLY WITH A JUDGE'S ORDER UNLESS YOU ARE EXTREMELY ILL OR DYING, regardless of how good your claim is, it could be struck out.