‘My Lord, I was just briefed by the Defendant yesterday evening and that was the first time we heard about it.’
Learned Counsel is trying to dissuade the Court from hearing an application for judgment in default of pleadings. The law allows a party whose Statement of Claim has largely been ignored, to apply for judgment in default of defence in certain cases. Defendant has been lackadaisical in filing his defence and his counsel is playing dejected-advocate and saying the right lines.
‘My Lord, my learned friend is not being totally truthful’
Plaintiff’s counsel cuts into the pity act, and produces an affidavit Defendant’s counsel had deposed to, in another matter, referring to the institution of today’s suit.
But you can’t bring a ‘good tongue’ down -
‘My Lord, I did not say that we didn’t have information about this suit, I said that we had not been briefed’
The Court believed him – or let it go.