You received the claimants WS bundle a week ago!!! What are we only finding out about this today?
Once you were aware of ongoing proceedings, you were obliged to inform the court (CNBC if before allocation to Manchester or Manchester if it had already been allocated).
Under CPR 5.4C and general court practice, parties have a duty to keep the court informed of their current address once proceedings are live. The initial obligation to serve documents correctly lies with the claimant. Once the defendant acknowledges service (AoS) or files a defence, they are expected to update the court if their address changes.
The AoS was filed on 28 Jan with the Manchester address. You moved to Northern Ireland shortly after and notified Gladstones and the claimant on the same day (28 Jan) via a Data Rectification Notice. Gladstones acknowledged the new address on 6 Feb.
But you did not notify the court directly. While the claimant was informed, the court was not—so the court continued to send documents (e.g. allocation order, hearing notice) to the Manchester address.
The court will likely say “You should have told us”. However, you can argue that the claimant knew the new address and should have ensured the court was updated. You only discovered the hearing date when the trial bundle was emailed on 25 June. This late notice has prejudiced your ability to prepare and attend.
Even though the transfer was automatic and procedurally correct at the time, the situation changed. You never received the allocation order or hearing notice—only discovering it 5 days before the hearing via the claimant’s bundle. This creates a procedural unfairness, even if the original transfer was valid.
I don't know what you emailed to the court but I suggest you follow it up with the following:
Subject: URGENT – Objection to Hearing Proceeding – Case No [INSERT] – Hearing 7 July 2024
To: [Insert Manchester County Court email address]
Dear Sir/Madam,
I write urgently regarding the above matter, listed for hearing on 7 July 2024 at Manchester County Court.
I object to the hearing proceeding at all, on the following grounds:
• I did not receive the Notice of Allocation, hearing date, or any directions from the court.
• I only became aware of the hearing on 25 June 2024, when the claimant’s legal representative (Gladstones Solicitors) emailed me their trial bundle. This was the first time I saw the allocation order or the hearing date.
• I relocated to Northern Ireland in early February 2024 and notified both the claimant and Gladstones of my new address on 28 January 2024 via a Data Rectification Notice. Gladstones acknowledged this on 6 February 2024.
• The court was not updated with my new address, and as a result, I have been denied proper notice of the hearing and any opportunity to comply with directions.
This is a clear breach of CPR 27.4 and CPR 1.1, and it undermines my right to a fair hearing under Article 6 ECHR.
I therefore request that the hearing be vacated immediately and relisted only after proper notice and directions have been served to my current address.
If the court intends to proceed regardless, I request urgent confirmation and reasons, so I may consider further action.
Yours faithfully,
[Full Name]
[Case Number]
[NI Address]
[Email Address]
[Phone Number]
