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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33008
Experience:  Award winning lawyer with over 15 years experience
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Last month, as Claimant, I breached to file on the date (14

Customer Question

Last month, as Claimant, I breached to file on the date (14 days given to do this in a case dragging for over 1 year) required by a County Court in a small claims case. This was as I misread the order. I realised within a few days and immediately phoned the Court, then following discussion with an officer of the Court I wrote asking for an extension of the time frame. Can I now make a 'formal application for re-instaement of claim and relief from sanction' and what would this look like? Why wasnt my letter considered as that?
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas Judge replied 2 years ago.

You would need to apply to the court for reinstatement using a form N244 - the letter either may not have reached the file in time or the court may have refused to consider it as it was simply a letter rather than a formal application. You would set out in the application that you were seeking a reinstatement. You would need to explain what happened, i.e. the basis of your mistake. You would then have to confirm to the court that the reality is that there has been no prejudice (if that is correct) on the other party. Happy to discuss. Please rate positively - thanks

Expert:  Thomas Judge replied 2 years ago.

Please remember to rate positively - thanks