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judge has considered the file and having seen that
the questionnaire was received on 20th November
2017, has decided to apply the sanction as set out
in the order dated 06th November 2017. As a
result, the Claim was struck out and the interim
injunction made on 09th August 2017 was
discharged. A copy of the order is attached under
exhibit LI4.
69. Upon receiving the above order, I emailed
the Defendant’s solicitors Mr Onwusiri and
advised him that the Court made the order in error
as the Claimant had filed the directions
questionnaire electronically on 17th November
2017. Mr Onwusiri was fully aware of this fact as
he was copied in to the email. A copy of my email
to Mr Onwusiri dated 15th December 2017 can
be found under exhibit LI5.
70. On 14th December 2017, Ms Zena
Ndereyimana on behalf of the Claimant’s legal
services emailed the Edmonton County Court
advising that Claimant’s directions questionnaire
was emailed to the Court on 17th November 2017
and provided evidence in support. The email
requested that the Court reconsider the order dated
13th December 2017 as the Claimant has
complied with the earlier directions order made on
06th November 2017. A copy of the email
correspondence to the Court can be found in
exhibit LI6.
71. The Claimant has received no response
from the Court following the email it sent out
on 14th November 2017.
72. On 03rd January 2017 I received an
order from the Edmonton County Court ordering
the Claimant to pay the Defendant's costs of the
action on a standard basis to be assessed if not
agreed. Please refer to exhibit LI7. The order was
made after the Defendant’s representatives filed
an application notice at Court on 21st December
2017. The application was only received by the
Claimant on 27 December 2017 and as l was on
annual leave, the application notice only came to
my attention on 03rd January 2017, so I was not
able to respond.
24,
17th November 2017
20th November 2017
17th November 2017
17th November 2017