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I'm not sure I agree when it comes to Defences, Marshall.

All too often Defendants miss the deadline without any attempt to agree an extension on filing. Then as a Claimant you are left in a position that you know the court will grant them permission to set aside the judgment - because the courts always do - and if you force them to make an application you will then be criticized and made to pay wasted costs. So inevitably you consent.

Then Defendants often miss the second deadline. At this point I tend to agree with Coulson. What's the point in having rules if they don't actually apply to Defences? Particularly where these are often "sophisticated litigants" as the courts have put it before.

It's particularly frustrating where the Defendant only wants to file a cut and paste job anyway!

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