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If they filed an amended defence a week after the deadline....that implies that they filed an initial defence ?

 

CPR 17.1 (1) A party may amend his statement of case at any time before it has been served on any other party.

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Defendant 1 filed a defence in time. They have asked for amended defence. They have yet to get permission

 

Defendant 2 did not file a defence in time. Just learnt extended defence awaiting approval.

 

To date judge has not approved amended defence for 1 or late defence for 2

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Then I would hold fire on agreeing any Consent Order until the court advises.

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Defendant 2 sent a Witness Statement on 4th March. 

 

deadline date for replying was 9th March.

 

So why not file a defence in time?

 

Why use "wrong address" as an excuse? 

 

It seems like misleading the Court

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You cant file a witness statement without having submitted a defence.

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