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Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24527
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi, The courts have "lost" our filed particulars of claim,

Customer Question

Hi,
The courts have "lost" our filed particulars of claim, and we do not have a copy. They were filed as at the original hearing the judge gave direction for a request to be actioned. On our next hearing the judge (not the same) did not have our file and we did not have a copy. We have requested the couts for a copy as we have 14 days to reproduce it. If we are unable to get this specific form back, can we resubmitt a new POC form ? Thank you
Submitted: 1 year ago.
Category: UK Law
Expert:  Joshua replied 1 year ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Did you serve a copy of the other party to the claim as well as the court please?

Customer:

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

Joshua :

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.

Joshua :

The judge should have no particular issue producing a new direction in this respect authorising this.

Joshua :

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.

Customer:

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

Joshua :

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)

Joshua :

Is there anything above I can clarify for you any further?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 4 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Joshua,


 


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 ?


 


Thank you

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