Welcome to the World of Enforcement – Where the boot is often on the other foot!
If you think enforcement is all about chasing debts, think again.
Sometimes, it’s about watching the other side trip over their own shoelaces. This is a cautionary tale of why looking before you leap isn’t just good advice—it’s essential.
It all started with a road traffic accident and a damages claim that was going nowhere. No settlement offer came, so proceedings were issued and served on the solicitors nominated by the third-party insurer. Everything was done by the book – and then…… silence.
Fast forward to the disposal hearing. With no response and no Defendant in sight, the Claimant secured a substantial judgment for damages and costs. Game over? Not quite.
Weeks later, the Defendant’s solicitors woke up and rushed to apply to set aside the judgment. The problem? They relied on the wrong rules. A quick glance at the judgment wording—or a simple call to the court (or us!)—would have saved them. Instead, they had to make an embarrassing oral amendment at the hearing. The application was dismissed, with costs. Painful.
But the story doesn’t end there. Enter round two: a fresh application to strike out the claim, alleging defective service. The snag? There was no claim left to strike out—only a judgment of record. Striking out is a case management decision, and there was nothing left to manage. Once again, no checks were made. They assumed service was defective because they believed the nomination had been ignored and proceedings served directly on the Defendant. Wrong again.
Cue another hearing, another awkward oral amendment, and even more costs. Oh, and an audacious attempt to attack our service procedures—dismissed in style.
The pattern? Assumptions, haste, and failure to verify. A few simple checks could have saved time, money, and embarrassment—not to mention valuable court resources. Instead, the Defendant’s solicitors raced into print without pausing to ask the right questions.
Lesson learned: In enforcement, details matter. Take a step back, look at the bigger picture, and check before you leap. It’s cheaper, quicker, and far less humiliating.