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direction’s questionnaire by no later than 17
November 2017. The Claimant did so and
emailed a copy of its questionnaire to the Court's
enquiry inbox on 17 November 2017 at 11:59.
However the Court made an order on 13
December 2017 applying the sanction of 06
November 2017 order on the basis that it only
received the hardcopy of the direction's
questionnaire on 20 November 2017. The Court
when making this order disregarded the fact that
the questionnaire was effectively filed by the
Claimant by email on 17 December and therefore
within the deadline. The Claimant emailed the
Court on 14 December 2017 with evidence that it
had effectively filed his allocation questionnaire
on 17 December and asking that the Clair and
injunction order be reinstated but received no
response to this correspondence as to date.
Furthermore, the Defendant's solicitors filed an
application notice on 21 December 2017, asking
that the Claimant pays the Defendant's costs as a
result of the claim being struck out. The
application was made without notice. The Court
considered the application on 02 January 2018
and made an order that the Claimant pays the
Defendant's legal costs on a standard basis. The
Claimant therefore makes this application to set
aside the Court orders dated 13 December 2017
and 02 January 2018.
Statement of Truth
(I believe) (The applicant believes) that the facts
stated in this section (and any continuation sheets)
are true. Signed
Full name Ludmilla lyavoo
Name of applicant's legal representative's firm
London Borough of Enfield, Legal Services
Position or office held Solicitor
(if signing on behalf of firm or company)
Dated 03-01-2018
and address
details Signed
Applicants representative's) ('otitigation friend)
Position or
office held Solicitor
(if signing on behalf of firm or company)
Applicant's address to which documents about this
application should be sent
London Borough of Enfield Legal Services PO
BOX 50 Civic Centre Enfield
Post Code E | N | 1 j 13, X [ A