Court Papers

I have just received an notification from the court with the wordings below:

"The order having been made by the court of its own initiative without hearing the parties or giving them an opportunity to make representations any party may apply within 5 days of service of the order to have it set aside, varied or stayed (CPR rule 3.3)"

The time and date have not changed but the court venue has changed to another court.

The Civil Procedure Rules permits encourages the court to make case management decisions without input from the parties. Previously hearings would occur which were unnecessary and time consuming.

In the current case the court timetable has been derailed and the hearing has been bumped to another court (the alternative is to adjourn to a later date).

It is possible to vary the terms of the order as the order describes but these types of orders are made for the court to function more efficiently rather than to please the parties. As such, it is usually the case that you will have to accept the Directions made - in this case that you ill have to travel to a different court.

Charles