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Did you serve a copy of the other party to the claim as well as the court please?
Hi, yes we did, but as with all other paperwork they are denying they have ever received it. The only papers they admit to having is the notice of hearing. Unofrtunately we do not have a certificate of posting either. Obviously this is something we will do now. During the 2nd court hearing, the Judge gave an order for the PoC to be forwarded with 14days. We need to confirm that if the original is not located by the court we can submitt another backdated one ? Thank you
In the circumstances you will need to prepare a reconstituted copy from your notes and memory as best you can. If the judge has ordered that you produce a copy of the original you will need to consider reverting to the court to ask permission to produce a reconstituted copy as the original has been lost so as not to fall foul of his order.
The judge should have no particular issue producing a new direction in this respect authorising this.
You can request such an amendment by writing to the court and explaining the situation and asking for the judges permission to proceed as above. He should issue a new direction. In the meantime you may wish to start to prepare the same again so you are ready with it.
Thank you, XXXXX XXXXX the case be dismissed (ie would the defandants legal team push for the case to be dismissed on the basis of the original misplaced PoC ?) They have sent us a letter requesting we forward the PoC with 14days ? Thank you
They may try but it is highly doubtful a judge would agree to such an application particuarly where the court is partly responsible but even where it was not as this would be contrary to an overriding objective of justice. Courts do not generally allow applications for strike out on matters of pure technicality with certain exceptions where provided for in statute (not applicable here)
Is there anything above I can clarify for you any further?
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We will need to file a PoC asap, as the original cannot be located. What would we need to include in our letter to the court / tenants solicitors ?