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It ain't over 'til the DJ sings

So, you believe you've brought the litigation to an end? Think again, says DJ Tim Jenkins

13 September 2010

It's not just England fans who are overfamiliar with Kenneth Wolstenholmes' cry of "they think it’s all over". By some curious coincidence, it is the same cry that wafts across the bench to district judges day in and day out, as parties try to wriggle out of their impending attendance.

All too often they write in saying the claim has been ‘settled’ (commendable), the claim is ‘withdrawn’ (less so) or a consent order is filed providing for the claim to be ‘discontinued’ (ditto). Or, as recently requested, “please ignore the hearing that is listed for…” (tempting, but no).

While you may think that this is just the out-of-touch rambling of an old fool detached from reality (rhetorical) it is important to ensure proceedings are properly concluded, not only because the CPR require it but because of the potential consequences if you do not.

Invalid process

It is noticeable that parties often write to the court, invariably ...

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