County Court Judgment Set Aside - Fresh Claim (Confused)

[SamuelT]

Hi there

I hope someone could help me in this matter.

I had a county court judgment entered against me stemming from an Employment Tribunal, which the judgement entered was over 10 years ago. (Yes 10 years).

The claimant recently sought to enforce judgment of this, however needed permission from the court as six years had elapsed.

They did not attend court and I prepared a skeleton argument with authorities, that the claimant leaving it so long to enforce was prejudicial to the defendant (me).

The District Judge could not have been nicer and not only did not allow enforcement of the judgment but also set aside the judgment.

My question is, if the judgment has been set aside, does that mean that the original claim which dates back a decade is now automatically time barred by the Limitation Act 1980? as from my understanding the setting aside of a judgment means the claim starts afresh and the claimant has to reissue the claim?

If that is the case, why did the court fix another court date, or is that they cant strike out a case themselves and a party has to make the application, not the court?

Any advice greatly appreciated.

Sam

[Kati]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

tagging [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

Hi there

I hope someone could help me in this matter.

I had a county court judgment entered against me stemming from an Employment Tribunal, which the judgement entered was over 10 years ago. (Yes 10 years).

The claimant recently sought to enforce judgment of this, however needed permission from the court as six years had elapsed.

They did not attend court and I prepared a skeleton argument with authorities, that the claimant leaving it so long to enforce was prejudicial to the defendant (me).

The District Judge could not have been nicer and not only did not allow enforcement of the judgment but also set aside the judgment.

My question is, if the judgment has been set aside, does that mean that the original claim which dates back a decade is now automatically time barred by the Limitation Act 1980? as from my understanding the setting aside of a judgment means the claim starts afresh and the claimant has to reissue the claim?

If that is the case, why did the court fix another court date, or is that they cant strike out a case themselves and a party has to make the application, not the court?

Any advice greatly appreciated.

Sam

Hello Sam,

What is the content of the judges order to strike out, has he/ she given directions about producing documents at the hearing?

nem

[charitynjw]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

Hi Sam & welcome to LB.

I recently contacted Northampton County Court Business Centre on a similar issue.
From their reply it would seem that they are very reluctant to use their case management powers to set aside or strike out without an application.
My cynical side suggests that the fact that an app is chargeable may have something to do with it.
On the other hand, & to be fair, "Not only must Justice be done; it must also be seen to be done".
Lord Hewart CJ
R-v-Sussex Justices Ex parte McCarthy [1924]

[SamuelT]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

No. The only directions are that the judgment is set aside and that parties are to file any evidence they rely on by next week (CPR 27).

Does this mean that the original claim when it returns to the court hearing will be the one from 10 Years ago and therefore subject to the Limitation Act.

Or will the claimant be permitted to start a fresh new claim related to facts 10 years ago.

I am very confused because I think either way the case is time barred.

Please help. Thanks

[nemesis45]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

No. The only directions are that the judgment is set aside and that parties are to file any evidence they rely on by next week (CPR 27).

Does this mean that the original claim when it returns to the court hearing will be the one from 10 Years ago and therefore subject to the Limitation Act.

Or will the claimant be permitted to start a fresh new claim related to facts 10 years ago.

I am very confused because I think either way the case is time barred.

Please help. Thanks

You have to show that you have a defence to the original claim that has a reasonable chance of success.
Only the original judgment has been set aside but the claim has not been struck out or discontinued.

nem

[charitynjw]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

The set aside reverts the status of the claim to the position before the original judgment, that of the same live claim, not a newly reissued one.
The Limitation Act clock is 'frozen' when a claim is received by the court, & remains so until the case is resolved.

[SamuelT]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

Thanks for all of the information everyone, so when I go back to court

a) How will the Judge approach the case? Will he expect after already setting aside of the judgment, really be expecting the claimant to explain himself and their failure to attend last time?

b) If by the time of the hearing, 11 years have passed, what is the courts position, now that the original judgment has been set aside?

c) If the limitation act is "frozen", (id be grateful if someone could tell me the legislation or case law that specifies that), would this claim and claims like it not be "going behind the act" or trying to subvert the legislation.

d) I realise that CCJ's are not time barred in themselves, but enforcement of them is, and after 11 years, there are various case laws that clearly state that enforcement after 6 years in unenforceable. So if the claimant cant enforce it, what is the point.

e) If the judgment was set aside as enforcement of the claim was so long and it is on the claimant after such a long period to justify the delay.

f) Is an application to strike out or summary judgment likely to be succesful?


Thanks

[Diana M]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

I had a county court judgment entered against me stemming from an Employment Tribunal, which the judgement entered was over 10 years ago.

The claimant recently sought to enforce judgment of this

You say this was an application to the court to enforce the outcome of an Employment Tribunal not a claim for a 'debt' as such.

Was this an application to send in bailiffs to collect the sum apparently owed from 10 years ago?

Are/were you the employer where the ET ruled against you at the time? Was there an appeal lodged against the ruling within the appropriate timeframe?

Are you only arguing the delay in chasing the money, or was the ET ruling flawed in some way?

Or have I misunderstood your first post

Di

[nemesis45]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

I would expect the judge to want to know why enforcement action has not been taken promptly, it's I believe manifestly unfair tp pursue you at this late stage.

nem

[SamuelT]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

You say this was an application to the court to enforce the outcome of an Employment Tribunal not a claim for a 'debt' as such.

Was this an application to send in bailiffs to collect the sum apparently owed from 10 years ago?

Are/were you the employer where the ET ruled against you at the time? Was there an appeal lodged against the ruling within the appropriate timeframe?

Are you only arguing the delay in chasing the money, or was the ET ruling flawed in some way?

Or have I misunderstood your first post

Di

Hi

No i have never had contact from the bailiffs and also proved to the court that I had never moved and was always at the same email, phone and location.

As it was so long ago, I stated that the claimant was paid very soon after, however I produced evidence at the last hearing that the banks do not keep statements or records that long.

I am therefore arguing the claimant was paid and after 10 years of silence, the claimant now says they are owed the money.

Therefore who is the burden of proof on? the claimant or the defendant and in this scenario what is the view of the court?

[Diana M]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

I stated that the claimant was paid very soon after, however I produced evidence at the last hearing that the banks do not keep statements or records that long.

I am therefore arguing the claimant was paid and after 10 years of silence, the claimant now says they are owed the money.

Therefore who is the burden of proof on? the claimant or the defendant and in this scenario what is the view of the court?

The burden of proof is always on the Claimant. Maybe that's why they didn't turn up to the hearing

If you were the employer would you have recorded the payment in your company accounts even if you don't have access to bank details. That may help you.

Why do you think the Claimant has decided to pursue you after all this time?

Di

[SamuelT]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

I honestly don't know, I was thinking they may have lost their job, watched too many episodes of Judge Judy/Rinder/Silk (take your pick).

It wasn't a company at the time, the claimant was at the time a friend, who was paid for a few days work on a casual basis.

If I just reprise the authorities and my evidence of

a) State that the claimant was paid
b) Cite authorities of cases that beyond six years without action is not usually permitted by the court.
c) Include the evidence that I have not moved, been contacted or been deliberately unavoidable.

Is that all I need to do?

[SamuelT]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

If the only directions are to comply with section 27 of the CPR. Do I supply the claimant with my skeleton argument, or is that just the court? As the defendant what would I be expected to supply to the court. Would the original skeleton argument that I gave to the court be expected to be given again? Or is it in the court file?

[charitynjw]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

It wasn't a company at the time, the claimant was at the time a friend, who was paid for a few days work on a casual basis.

So how exactly did this come to be heard in an Employment Tribunal?