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Court maladministration legal options

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  • #1

    Court maladministration legal options

    Hello,

    i know there is a complaint process for issues at court, its useless and is only for small issues really. What is the situation where the court has made a mistake so serious is has in effect damaged the case and created costs that should not be there? I recall in the CPR or somewhere the court is under a legal obligation to correct anything that is done that is maladministraiton but i cannot find anything about it?

    Thank you
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  • #2
    As far as I'm aware, there is nothing around maladministration of the court. If the court has indeed been negligent with regards to your case then it is possible to sue the court itself. I suspect it would be a judicial review case rather than suing them in the County Court but I don't know as I haven't really looked into it.

    I doubt you would be entitled to anything beyond the additional costs incurred as a result of their acts or omissions and I would think the court would have expected you to mitigate those costs especially if there were other options e.g. making an application to the court for an order, adjournment etc.

    You are suggesting that the court has made a serious mistake and damaged the case but alot of things can be remedied so if you haven't made an attempt to remedy/rectify there might be an element of culpability on your part and a judge may recognise that.
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    • #3
      Hello, thanks Rob,

      it is not my case but extended family. They did try and rectify it, despite it not being their fault, they made an application for an order to revert the mistake which was ignored by the court. They also put in a formal complaint, again ignored. They were ordered to comply with directions which created costs from the other side, the court then admitted it had been mistaken in the order but did nothing, this person is now on the hook for a large legal bill from the other side.

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      • #4
        Can i ask, what the process would be to sue the court? It occured to me that they could sue the court for the legal costs the other side is claiming.

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