unable to attend set aside hearing due to bereavment ?

[amelia33]

request for set aside submitted when MCOL judgment following failure to reply but could not get onto website, messy for other reasons also. paid £80 for set aside and was given hearing date, parent died so notified court by email and had to go to aus for funeral and unable to attend, recd letter Judge has dismissed my set aside request as i did not attend.

I wnat to contest this but need to know correct form, procedure, is it Part 27 CPR or use county court complaint form? also how much time do i have to do this, i was out of country for 3 wks.

[amelia33]

Re: unable to attend set aside hearing due to bereavment ?

I have made a complaint on a form from hmcs, hopefully this is the way to address this, no response to date.

any other comments?

[enquirer]

Re: unable to attend set aside hearing due to bereavment ?

The court itself will advise with regards to procedure (as to what form to use, and any time limits). You are right to complain - they were notified, and the circumstances were such that the hearing should have been rescheduled.

[pt2537]

Re: unable to attend set aside hearing due to bereavment ?

Ok firstly if you cannot attend an application to vacate the hearing should be made. If you can speak with the opponent and explain your difficulties they may welll consent to the adjournment.

If they consent you will need a signed consent order and then you annex it to your application and the hearing may be vacated.

If you do nothing the Court will proceed in your absence and will most likely reject your application

that will effectively be the end of your case.

[ploddertom]

Re: unable to attend set aside hearing due to bereavment ?

Judges are used to applications not letters or emails. I had a similart thing a year or two back and had to make an urgent application to Vacate the Hearing and get another date. Also had to notify the other side of what happened and they objected saying the original Hearing had to go ahead, think they were rather peeved that I knew how I had to ask to Vacate. This was all brought up at the later Hearing and the other side were admonished because of the circumstances surrounding the application.

[pt2537]

Re: unable to attend set aside hearing due to bereavment ?

Judges are used to applications not letters or emails. I had a similart thing a year or two back and had to make an urgent application to Vacate the Hearing and get another date. Also had to notify the other side of what happened and they objected saying the original Hearing had to go ahead, think they were rather peeved that I knew how I had to ask to Vacate. This was all brought up at the later Hearing and the other side were admonished because of the circumstances surrounding the application.

Indeed it has to be an application as without it the Judge can and most likely will go ahead

The application has to be made as soon as possible, if its not timely then the judge can refuse to adjourn also, plus you need a goood reason why you arent available otherwise since Mitchell -v- NGN Judges are tightening up

[amelia33]

Re: unable to attend set aside hearing due to bereavment ?

many thanks for your replies -

however, I emailed as time was so limited, and it was last thing on my mind, I then had to leave the country, when I returend the hearing had gone ahead and the decsion made by the Judge. So it is retrospective.

Do I appeal the decision.

thanks

[pt2537]

Re: unable to attend set aside hearing due to bereavment ?

im not sure you can appeal, to be honest given the failure to apply, and given Andrew Mitchell MP v NewGroup Newspapers, i think an appeal would face difficulties.

[amelia33]

Re: unable to attend set aside hearing due to bereavment ?

thank you for your replies

[pt2537]

Re: unable to attend set aside hearing due to bereavment ?

thank you for your replies

Im sorry i cant be more helpful, sadly sometimes when we are on the wrong end of a decision it is easy to feel aggrieved but you have to stop and look at the situation objectively and see where stand.

I think taking an objective view of the case, there are real difficulties here and difficulties which will be difficult to overcome