Question 1 of 9

You act for the claimant in relation to a breach of contract claim allocated to the multi track. The case turns on witness evidence and there are no issues requiring expert evidence. The case management directions order provided that witness statements be served by 30 May . It is now 18 June and the defendant has failed to serve any witness statements even though the claimant is aware that the defendant intends to rely on two key witnesses. The claimant has heard the defendant’s solicitor has been very ill. The claimant has tried to make contact on numerous occasions and has warned that application for sanction will be made if there is no response within 7 days. There has been no response. A trial is listed for late August.What would be the best advice to give the claimant on what steps, if any, to take in these circumstances ?

A. The claimant should apply to the court for an order striking out the defendant’s defence due to failure to comply with a rule and court order. B. The claimant should apply to the court for a conditional order in terms that unless statements are served within 2 weeks of the order the defence is struck out. C. There is nothing yet that the claimant can do because the court would expect the claimant automatically to grant an extension of time of 28 days to the defendant so the defendant has until 28 June. D. There is nothing the claimant can or should do . The claimant must wait for the defendant to apply for relief from sanctions .