Persuer has submitted their responses late. What happens?

[Laurdo]

I know ultimately I won't find out until the court hearing tomorrow but hoping having a bit more information will let me get some sleep tonight.

My DHs ex is taking him to civil court for money she believes she is owed. DH is defending himself. He submitted his defence on time however persuer's lawyer complained that the paragraphs in the defence weren't numbered correctly so judge granted an extension of 2 weeks and gave DH 12 days to re-submit his defence which he did within the timeframe.

At the next hearing the persuer's lawyer asked for another extension as they hadn't had time to review the defence. The judge reluctantly granted an extension of 4 weeks for either party to submit any amendments or evidence.

The deadline was 12 noon yesterday. The persuer's lawyer has only submitted their responses at 4:45 today. Court hearing is 10am tomorrow. Has anyone got any experience of how courts work? Will the persuer's submission still be considered despite being late? Will another extension be granted? I can't hope with this dragging on over Xmas. It's already been 3 years!!

Bit petty re the paragraph numbering! What was the Court hearing for today? Surely not the final hearing.

Today was supposed to be the final hearing but they've postponed again until January. Persuer's lawyer admitted to submitting late but not much was said about it. Also none of the evidence she claims to have to support her story have been submitted either so DH has been told to request this from the other lawyer. Bloody nightmare.

To make matters worse there was an anonymous phonecall made to DHs work just before the hearing claiming to be a concerned neighbour and stating that DH has been driving his work van with his daughter in it under the influence of cannabis. It's got the ex written all over it but unfortunately no way of proving it was her as the call wasn't recorded.

Just so stressed with it all and now it's going to be hanging over us for at least another 2 months.

In my experience nothing will happen

Not good, I’m sorry to hear this.

Yeah that seems to be the case. So frustrating.

Presumably though your lawyer asked for the extension on this occasion but could have chosen to go ahead. If actual fault was attributed the court could award the costs of that particular hearing against the party at fault. If they haven't they don't deem it to be a problem and it will just stay as costs in the cause ie. whoever is successful eventually is awarded costs.

Sorry just realised you said your DH is defending himself. That possibly isn't wise as it does seem like he doesn't know what he should be doing or asking for.

He's going to get a lawyer now. He's just wasted so much money on lawyers over last few years for various different things and we really can't afford one at the moment. She was getting legal aid so sending letters willy nilly.

The Claimant can make an application to strike out the defence pursuant to CPR 3.4.

Her partner is the defendant

If she has legal aid then she will have passed their threshold of having a reasonable chance of success though for a civil claim. I assume it still relates to their divorce finances.