WHEN THE COURT LOSES IMPORTANT DOCUMENTS: ANOTHER EXAMPLE OF ADMINISTRATIVE PROBLEMS IN THE COURTS: “CIVIL JUSTICE: 2019 STYLE”

I am grateful to solicitor Aaron Pearson for giving me permission to post some comments he put on LinkedIn earlier today. It is  small issue, but is an example of the administrative errors that occur daily within the court system, with the litigants ending up paying (probably irrecoverable) costs in order to remedy the situation.

 

AARON’S POSTS ON LINKED IN

 

“Today my opponent contacted me on a large multi-track commercial matter. He told me he had received a “rather odd” Order from Manchester County Court.

He kindly forwarded me a copy.

It was an unless order telling me that unless we file Defence, our client’s Defence will be struck out.

This was really quite a surprise given we lodged our Defence (and Counterclaim) in April – with fee.

The court allocated to the MT on the strength of it. The other side filed a Reply to Defence and Counterclaim in May.

I contacted Manchester CC and spoke with the Orders section who confirmed they HAD our Defence and Counterclaim.

I was transferred to case management section who told me… they did not have this, for some reason it was not with the file and the onus was on me to do their job and file another one.

Civil justice, 2019 style.”