**WON** General Form of Judgement or Order

[LittleElf]

I am the Claimant in this matter and have received a General Form of Judgement or Order.

What happens next? I have never been in this position before.

After the final hearing the claim has been struck out.

The Defendant already had one Judgement set aside earlier on in the proceedings stating they didn’t receive the Claim Form.

[ostell]

They have awarded the claimant, you, money and costs

Write to the claimant, enclose the form, and request payment within 14 days. If no payment within the 14 days then CC bailiffs or if over £600 then high court enforcement

[LittleElf]

ostell Thank you. What I am concerned about is if I pay the high court enforcement officers and they request a set aside Judgement again for the second time.

I am getting conflicting information on this after the final hearing, some people are stating they can request another set aside and other’s are stating they cannot.

[efpom]

https://legalbeagles.info/forums/for...is-week-advice

[LittleElf]

efpom Thank you for that.

I known you gave me fantastic advice on my other thread but when I telephoned a legal advisor they stated that they could apply and to have the Judgement set aside AGAIN.

I dont know why there is so much conflicting advice over this area of the proceedings.

[efpom]

As you have retained a 'legal advisor' and obtained professional advice from him/her, there are no circumstances where I would presume to contradict that advice - except in front of a judge, which is not the position here.

[LittleElf]

I understand that, I just obviously don’t want to accept that advuce if it isn’t correct.

I phoned two and one said the above and the other said “If a Defence was filed (which it was) the only likely hearing after would be the final hearing. And if it was the final hearing they missed, which led to Judgement ( it was) you cannot apply to set aside Judgement as per CPR 13.1 following the final hearing, thats called an application to appeal.

[Abo]

So, where it says "The Claim is struck out" - is that a typo? The claim seems to have succeeded.

[LittleElf]

Abo I dont think its a typo. The Claim is struck out but I am
the Claimant and the Judge has awarded me costs.

[efpom]

The Order is irrefutable proof that justice is blind as judges can't read! - Slip rule, anyone!

[LittleElf]

efpom Oh dear is this something I should be worried about? What do you mean? Is the order not enforceable?

[efpom]

The writing at 1 - the claim is struck out is a mistake. It can be corrected under CPR 40.12
You write to the judge asap requesting that he correct 1 of the order to reflect his judgment.

[LittleElf]

efpom Thank you. Will do this ASAP.

[LittleElf]

efpom what does this mean if it doesn’t get corrected? Anything?

[efpom]

It is inconceivable that it will not be corrected.