Hi. Can I get an adjournment filing my defence to a claim as I am abroad and need to fly to UK with appointment with a UK Lawyer? I have asked and given once an adjournment but they have given an adjournment to a joint defendent on the same case for a second time? Thanks
HiYou would normally need to draft a consent order with the other party (two letters would often suffice) stating that you be given an extra 14 or 28 days to file your defence. This is not uncommonHappy to discussPlease press accept
Award winning lawyer with over 15 years experience
What happens if the claimant refuses to give me extension of time? Do I apply to the court for permission? Is it a form I fill in the court or just a submission of a letter?
Then you would make an application to the court on form N244 - setting out the basis of the requestPlease press accept
What is the likelihood that the application N244 will be accepted? Is the hearing the same day and what happens in the meantime?
Am I going to be allowed to file a defence later on?
HiYou should make a paper application (it's a box you can tick on the n244) and the court can deal with your application on the paperworkPlease press accept
Peter, what is the likelihood that the adjournment will be accepted? The claimant gave extension of time once before to both joint defendents, but this time he gave extension of time 28 days to the first defendent but refuse the second defendent (me).
You should have a good prospect from what you have written
Peter, the other option I want to discuss with you is:
Instead of filling N244 application for extension of defence, I fill up basic defence claim form with a counterclaim and then I write in the defence that I need more time in order to file a complete and full defence. But at least they have something insteadof nothing. What do you think?
Also, can I file a defence with an Unspecified counterclaim? What is unspecified? How much are the fees for unspecified counterclaim?
The court really need the detail in the first defence
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