YES the Defence was posted to the Court but delayed by royal mail.

Thank you very much for response set aside application was ours. The claimant was represented by the Solicitor who received the Defence in time but he checked with the court on the day and asked the court to issue default judgement, without mentioning that he has received our defence. In set aside application we provided proof of postage and delivery to the Cliamant's Solicitors and proof of postage to the court and royal mail letter of acknowledgement that that was their fault to the court. The claimant Solicitors consented to our application to set aside judgement but asking to pay his client's legal cost for consenting. Under what rule he is asking for cost? If we succeed in set aside the judgement can he still ask for cost OR Can we claim cost for set aside application ?

We posted the Defence to the court and the claimant by recorded delivery, which did not reach to the court but reached to the claimant within time. post was delayed by Royal mail due to christmas rush. The claimant checked with the Court that the defence did not reached to the court in time he cleverly request the court to enter into default judgement even though he had our defence. We send proof of the post etc to the court and claimant later. The Claimant gave the consent to set aside the judgement but asked for the cost, which we refused . Now Question is could he claim the cost for application to set aside even though he consented? under what rule he can claim cost where there was no fault of us? if we succeed in set aside the judgement can he still ask for cost?