Contraventions of the Data Protection Act - NHS Trust

[andydd]

Surely if judgement is given them it's too late to strike out, it's all over !?.

 

Strike out applications are supposed to be done very early, normally after acknowledgement and before allocation (as its pre allocation to track, the small track rules don't apply and you can claim costs).

 

It maybe possible as suggested above for s set aside to be done and then a strike out application applied for

 

But surely a strike out at this stage is impossible or an abuse of process. In any event if the strike out has no hope of success then let it go ahead and get costs (even at LiP rates you could get a few hundred quid, although as mentioned earlier normally all this is done pre allocation).

 

Just had a look at attachment and I agree with comments above, surely it maybe possible IF default judgement is set aside first BUT they would need to explain to court why set aside should be granted and why they didn't file docs on time, a judge will want to hear a good reason and will be quite harsh if a solicitor is involved, a LiP may get a bit more leeway.

[andydd]

I would of thought the court take no notice of this as case had ended. But maybe they would tell them they need to apply to set aside or at least try.

 

Whatever happens it's looking dodgy got them and they could be liable for all sorts of extra costs.

[andydd]

Indeed. I don't think it was a trainee though. They are a large law firm too *cough* fieldfishers. Oops, did that just slip out...

 

That's what I thought, the solicitors appear to be clueless, so it looks like there may be a set aside hearing, if so you would have a strong case that a solicitor should behave professionally and not miss deadline, I was in same position, the claim against me was struck out as the solicitor forgot to pay the fee on time, the judge concluded that simply forgetting was not good enough and set aside denied.