Deputy district judge

[andydub]

If a claim from the High Court has been transferred to the County Court for a District Judge to consider can a Deputy District Judge take proceedings instead of the one on the Order in this case District and not Deputy District Judge.

Any help would be appreciated on the rules would be handy.masroll:

[MIKE770]

Re: Deputy district judge

give more info pls

[andydub]

Re: Deputy district judge

My claim was issued and within the High Court and directions giving under the multi-track procedure however the other side made an application for the case to be fast track and that was that, it was transferred to the local county court on the provision that the case be considered by a District Judge.

Since discovered a Deputy DJ dealt with the othersides application to have my claim thrown out, this despite the High Court judge ordering any applications and within the County Court being considered or Ordered by a District Judge as opposed to a Deputy District Judge.

Not sure if there is a difference in level of judge or that as the Order to transfer specified a District Judge would compelling and a District Judge should have adjudged the application??

Thanks in advance

[andydub]

Re: Deputy district judge

My claim was issued and within the High Court and directions giving under the multi-track procedure however the other side made an application for the case to be fast track and that was that, it was transferred to the local county court on the provision that the case be considered by a District Judge.

Since discovered a Deputy DJ dealt with the othersides application to have my claim thrown out, this despite the High Court judge ordering any applications and within the County Court being considered or Ordered by a District Judge as opposed to a Deputy District Judge.

Not sure if there is a difference in level of judge or that as the Order to transfer specified a District Judge would compelling and a District Judge should have adjudged the application??

Thanks in advance

This was after allocations questionnaire were completed by both parties.

[andydub]

Re: Deputy district judge

This was after allocations questionnaire were completed by both parties.

Any advice would be great.

[des8]

Re: Deputy district judge

I doubt you have grouds for complaint: https://www.judiciary.gov.uk/about-t...ct-judge-role/

[andydub]

Re: Deputy district judge

I doubt you have grouds for complaint: https://www.judiciary.gov.uk/about-t...ct-judge-role/

.

Thanks for that des8 that helps, just a little bit curious as to how a claim unspecified for 25k or more ended up being dealt with by a Deputy DJ add to that the complex of the case i personally do not feel that he was in a position to take on such a case.

Add to that he refused to consider evidence that i had previously obtained from a solicitor/barrister which should have been considered and the fact that he was aware and asked in application for the other side to show they had a contract all of this seemed to be brushed under the carpet, conveniently.

Giving the value of claim and giving a High Court Master had previously stated the case and claim should be considered under Multi-track was the Deputy DJ I would not say qualified but giving the value in a position to make Orders/Judgments because this would appear to be at complete odds with what the rules state.

[andydub]

Re: Deputy district judge

.

Thanks for that des8 that helps, just a little bit curious as to how a claim unspecified for 25k or more ended up being dealt with by a Deputy DJ add to that the complex of the case i personally do not feel that he was in a position to take on such a case.

Add to that he refused to consider evidence that i had previously obtained from a solicitor/barrister which should have been considered and the fact that he was aware and asked in application for the other side to show they had a contract all of this seemed to be brushed under the carpet, conveniently.

Giving the value of claim and giving a High Court Master had previously stated the case and claim should be considered under Multi-track was the Deputy DJ I would not say qualified but giving the value in a position to make Orders/Judgments because this would appear to be at complete odds with what the rules state.

Any help and in particular as to the level of judge assigned and giving the value of the claim giving by the previous order made by the Master within the High Court would as always be appreciated.

[R0b]

Re: Deputy district judge

The only difference between a DJ and DDJ is the level of experience, as DJ's are usually appointed after a period of time serving as a DDJ. I guess the argument you have is that the case was not considered as per the Order of the High Court and in that sense as you put it, may not have had the relevant experience to cope with such a claim of this value and nature.

Appeal route would be the only way to go on this I think on the basis that the claim was heard by the incorrect type of judge, but perhaps other appeal points on disregarding the evidence before him which is another appeal point in itself.

[andydub]

Re: Deputy district judge

The only difference between a DJ and DDJ is the level of experience, as DJ's are usually appointed after a period of time serving as a DDJ. I guess the argument you have is that the case was not considered as per the Order of the High Court and in that sense as you put it, may not have had the relevant experience to cope with such a claim of this value and nature.

Appeal route would be the only way to go on this I think on the basis that the claim was heard by the incorrect type of judge, but perhaps other appeal points on disregarding the evidence before him which is another appeal point in itself.

Again thanks for that, appreciated.

So say for arguments sake a party has grounds to appeal because the judge who may well of failed to consider evidence that could be identified or associated with his handling of what was a complex case and did not comply with the previous Order made at the High Court would this be a case of seeking a judicial review immediately?

Would it be a case of appealing the process of the case or doing both, appealing judgment/abuse of process, if that is to be established.

[R0b]

Re: Deputy district judge

In a normal civil claim you wouldn't seek a judicial review, it would be appeal unless the issue relates to an administrative body.

I also not sure on abuse of process as it relates to the way the judge has handled the case and made the decision, which would be the appeal route. Presumably if the case was remitted to the the county court, you may be able to appeal in the county court, though you might be advised to go the High Court route.

Parties have two grounds of appeal

An error in the law

Some irregularity or procedural error - it is this limb that you could bring an appeal, for example if the judge fails to give proper reasons for their decision or the way in which the judge handled the evidence such as disregarding key evidence that is before them or did not examine any of the arguments relevant to the claim. Another one could be where you had no opportunity to make any submissions on a particular point

[andydub]

Re: Deputy district judge

In a normal civil claim you wouldn't seek a judicial review, it would be appeal unless the issue relates to an administrative body.

I also not sure on abuse of process as it relates to the way the judge has handled the case and made the decision, which would be the appeal route. Presumably if the case was remitted to the the county court, you may be able to appeal in the county court, though you might be advised to go the High Court route.

Parties have two grounds of appeal

An error in the law

Some irregularity or procedural error - it is this limb that you could bring an appeal, for example if the judge fails to give proper reasons for their decision or the way in which the judge handled the evidence such as disregarding key evidence that is before them or did not examine any of the arguments relevant to the claim. Another one could be where you had no opportunity to make any submissions on a particular point

Is there a time limit if a party thinks that there may have been some irregularity or procedure error and can failing to make a submission on a particular point be considered or considered a procedure error? The other side failed to provide a contract y application for them to proof this was as with most of the evidence that went in my favour dismissed and not relevent to the case which i feel were relevent if not crucial.

I would be inclined to let the High Court as opposed to the County Court consider the merits giving the complex of the case and appeal, can i request this immediately and what would be the fee?

[andydub]

Re: Deputy district judge

As always any advice on the subject would be appreciated, thanks.

[R0b]

Re: Deputy district judge

time limit to appeal is 21 days from the date of the judgment not when you receive the order.

Appeal fees are set out on the .gov website if you google high court fees it will tell you the cost for appealing.

[andydub]

Re: Deputy district judge

time limit to appeal is 21 days from the date of the judgment not when you receive the order.

Appeal fees are set out on the .gov website if you google high court fees it will tell you the cost for appealing.

Can an appeal be made after the cut-off period 21 days?

If the evidence or the facts relating to the appeal are denied or become apparent after that period is there a process on which a party can try and place reliance on.