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?