Timetable for civil legal cases

[MGMidget]

I have had to start legal proceedings regarding a civil property claim and we are using our legal expenses insurer who are slow and uncommunicative. I wondered if anyone can tell me what happens when the opponent files a defence please? The deadline for filing the defence has passed and I haven't heard from our solicitors so I am wondering how long is reasonable to leave it before chasing them and wondering if there is a tight timetable for responding to any issues raised in a defence? Could anyone who knows about this type of thing enlighten me please? The civil procedure rules don't seem to give clues on timetables and I don't want to miss out on any right to respond/have our case weakened by being slow to respond/missing a deadline! I am assuming a defence of some sort has been filed but have no information at the moment.

To put it in context the solicitors very nearly let the case run out of time before issuing proceedings so I have little confidence in them! They are also unresponsive so just asking them for an update doesn't necessarily get a response. Hence, I'd be grateful for anyone who knows the 'system' to fill me in!

Also, does anyone know how long cases take to get to court at the moment and what the various steps are? Thank you!

I am bumping this for traffic. Is there a lawyer on here who could tell me what happens after a defence is filed in a civil case please? Does the claimant get a limited time to respond? I am just a bit worried because we have non responsive solicitors and it has been over two weeks since the deadline for filing a defence. We are the claimants and I am wondering what is going on. We have solicitors through legal expenses insurance who have been terrible at communicating until now so I don't want our case to be compromised because a deadline was missed! Unfortunately we can't choose our own solicitor at the moment.

Thank you.

Undergoing civil litigation here, but just the claimant, like you.
Responses to the letter of claim usually do go over the time limit set but your solicitor usually gets an email saying it will, or they chase it up if it is more than a couple of weeks. Every thing to do with the legal process is very slow. They will probably be getting their defence reply up together and this will take time if they have to contact various organisations for information. Then you will reply to them and it can go on like that for a few months.

You will be asked to attend mediation long before court is mentioned. court dates can be 12 months + but mediation is just a few weeks/months.

Thanks inheritance track. What I am worried about is that our solicitors latest communication with us was to advise on an agreed extension of deadline for the filing of the defence (the date has now passed). They also told us this was the latest date that the defence could be filed without the defendant applying to the court to ask for more time. Therefore, there ought to be something to update us on. Either they didn't file a defence and haven't responded further in which case what happens next or they filed a defence in which case do we now have a set period of time to respond to this (that is what I am most worried about in as our previous experience with the solicitors has been to leave everything till the last minute and then put me under extreme stress to review extensive amounts of information with a few days before the deadline). I am trying to anticipate and avoid this happening again or worse still missing a deadline altogether and having our case thrown out! Then there's the third alternative which is that the defence has applied to the court to ask for more time in which case wouldn't we be told about this?

If they had submitted a defence/response, your solicitor would be the one to get this, and they should notify you very quickly. It shouldn't have anything to do with the court until it's been referred and a court date sought. Getting extensions (in our case) isn't unusual in complex cases (we had 5) and our solicitor said if we didn't agree to the extension, the defence would apply to a court and the court would grant it anyway, so they agreed.

Your real issue is with your solicitor who isn't communicating with you so I would get on to them. Going over deadlines isn't a big deal (or this has been our case) and all you get is a snotty letter from the other defence solicitor, or if there is a lot of work for you to do your solicitor asks for an extension, so don't get too worried about deadlines set by yourself or the defence. A court deadline it entirely different.

As i say this is our experience so I can't say for sure it fits your case

Unless they counterclaim there is no urgent deadline as you don't respond to a defence. Any issues raised by their defence will either be address in witness statements including your own or at mediation. Call your solicitor. If you are unhappy with the service the solicitor is providing ask your insurers if you can switch to another.

Ah, thank you. Our solicitor told us we would get the chance to reply to the defence so I was worried that deadline might be missed. Additional evidence/arguments might be necessary depending what they raise in their defence.