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One example today. Despite being ordered (several years ago to file and serve amended particulars, the Claimant decided to file but not serve his amended particulars.

We then received an order striking out our defence for failing to file an amended defence. This amused us somewhat, so we wrote to the court asking for an explanation.

ONE YEAR LATER, they wrote to us with this reply.

" you should have written in to the court for further directions. Your amended defence was not filed in any event which is why the defence was struck out as per the court order."

The Claimant (still) hasn't entered judgment, so we can't make an application to set a judgment aside. HMCTS suggested we make an application to reinstate our defence.

Why on earth would file we file an amended defence without being served the amended particulars, let alone waste further time and money on such an application?

So we'll just sit and wait for him to apply for Judgment and then seek relief from sanctions.

Utter lunacy

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