Within legal terms, we have a legal case going at the moment where we are filing for judgement against someone, and the defendant has been stalling the whole process.
Our lawyer said that he "placed them on the bar", which means they have to answer within 7 days, or they are not allowed to defend?
What exactly does this "place them on the bar" or "put them on the bar" mean?
2007-10-25 22:52:51 · 4 answers · asked by AJ 2 in Politics & Government ➔ Law & Ethics
Hi all, and thanks for your answers.
This is South African law, so may differ somewhat.
Essentially what is happening is that this person owes money to a building. The building has advised them they have to pay, and they have had their lawyers stall the process by asking for silly documents and other things that do not pertain.
So the building lawyer advised that they had till 23 October to put in their defence. They did not do so, so he has written back to them, to "place them on the bar", which the lawyer says gives them 7 days to put in their defence, or they are not allowed to do so, and we will then ask for judgement against them.
Hope that helps?
2007-10-26 03:12:20 · update #1
I have not heard of this, I think he is blinding you with science. He will make an application to have the defence set aside and/or for a judgement in default of a defence. He must of course give notice of his intention to apply for a defence to be set aside but if there is no defence filed he will not need to do that. I take it that some sort of defence is in and as a consequence the application will be a wake up call to the other side.
2007-10-26 01:46:46 · answer #1 · answered by Scouse 7 · 2⤊ 0⤋
I find this baffling. Were these the precise words? There are, for example, the following uses of the word "bar" in this context:
in bar of, as a sufficient reason against; to prevent.
matter in bar, or defence in bar, any matter which is final defence in an action.
plea in bar, a plea which goes to bar or defeat the
plaintiff's action absolutely and entirely.
There is also the word debar. Is it possible that he said that this person would be debarred from continuing if they failed to enter a reply?
2007-10-26 09:41:36 · answer #2 · answered by Doethineb 7 · 1⤊ 0⤋
in civil law what does a bar put in place mean
2014-08-10 10:04:20 · answer #3 · answered by ? 1 · 0⤊ 0⤋
This is my 6th year of being qualified and I have never heard of this expression. Are you sure you heard it correctly? If in doubt, always ask your solicitor what he means.
2007-10-26 06:37:14 · answer #4 · answered by Anonymous · 1⤊ 0⤋