Court and Defence Form N11M

[Stanley12]

As I understand it, when the Court sends a copy of the Claim Form to the Defendant it should also include a Defence Form (N11M). Is the Court obliged to provide this form and if so where is this obligation set out (e.g. CPR)?

 

Also, if the Court is obliged to have sent the form but failed to do so, would this be sufficient grounds to have any future judgment set aside?

 

Any ideas would be welcome

 

Stan

[dehowletts]

As I understand it, when the Court sends a copy of the Claim Form to the Defendant it should also include a Defence Form (N11M). Is the Court obliged to provide this form and if so where is this obligation set out (e.g. CPR)?

 

Also, if the Court is obliged to have sent the form but failed to do so, would this be sufficient grounds to have any future judgment set aside?

 

Any ideas would be welcome

 

Stan

 

I don't know if it's grounds to have it set aside but I do know that in my original claim the defence form was also missing...... as were quite a few others if you read some of the posts on here!

 

& i don't know why because it's a BIG over-sight in my opinion!!

 

here's a download link if that helps http://www.hmcourts-service.gov.uk/courtfinder/forms/n11m_0406.pdf

[Ell-enn]

I think the biggest problem you would have is proving you didn't get the N11M with the other court papers.

[Stanley12]

Thanks for the replies.

 

I have received a letter from the court admitting that it it does occasionally happen that a form is missing, albeit rarely, and it has apologised. However, although the complaint process states that I am entitled to both an apology and an explanation of how the court intends to put matters right, the court has so far failed to do the latter. It has simply said that if I am unhappy with its answer then I can take the complaint to the next level in the process.

 

Stan