Defendant dies before deadline to serve a document on him expires

mybestattempt

https://forums.moneysavingexpert.com/discussion/comment/82002236#Comment_82002236

You may be correct, so put those assertions in your CPR 3.9 application and a judge will decide.

autoplay

in the document you provide me it is stated

"If the breach is serious or significant, the court moves to the second stage."

Does this mean that my claim should be reinstated because the alleged delay is of only one day

mybestattempt

https://forums.moneysavingexpert.com/discussion/comment/82002265#Comment_82002265

No, the judge decides whether the breach is serious or significant, time is not the only factor considered.

uknick

https://forums.moneysavingexpert.com/discussion/comment/82002236#Comment_82002236

Don't you serve it on the defendant's estate via the executor?

autoplay

I have not aware of any executor

Moreover, the document that the court requested that I filed and served by a specific deadline should contain the name of the two Defendants. Hence,can it contain the name of a deceased Defendant and does this means that I have to file an serve again this document this time with the name of the representative of the estate of the deceased defendant in it ?

mybestattempt

https://forums.moneysavingexpert.com/discussion/comment/82003896#Comment_82003896

Because the claim has been struck out the only action you can take at this point in time is to make an application under CPR 3.9 to reinstate the claim.

If it is reinstated the judge will make directions/orders about how it should proceed to include the representative of the estate of the deceased defendant.

uknick

https://forums.moneysavingexpert.com/discussion/comment/82003896#Comment_82003896

If a judge does allow you to resubmit the claim, and if needed, you can find the estate executor name in the London Gazette, assuming the executor followed the correct procedure and recorded the will.