• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Objecting to an order and setting aside

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Objecting to an order and setting aside

    Evening,

    I have received a General Form of Judgment or Order form and at the bottom it say's:

    "If this order was made as a result of a without notice application or on the Court's own initiative and if you object to the order, you may make an application to have it set aside, varied or stayed provided the application is made within 7 days of service of the order"

    The order was made on the Court's own initiative. I believe I have good reasons why the order should be set aside. How do I go about applying for it to be set aside and do I have to provide reasons etc.

    I'm just searching through the site now, but any help would be appreciated,
    Tags: None

  • #2
    You would need to make an application using Form N244 at a cost of £275. The application would need to be supported by evidence, normally in the form of a witness statement using the short box on the form or if you need to write more and include exhibits then you draft a separate witness statement and tick the box saying so. The separate WS would be attached to your N244 form at the back when you send it.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Originally posted by R0b View Post
      You would need to make an application using Form N244 at a cost of £275. The application would need to be supported by evidence, normally in the form of a witness statement using the short box on the form or if you need to write more and include exhibits then you draft a separate witness statement and tick the box saying so. The separate WS would be attached to your N244 form at the back when you send it.
      Thanks R0B. I think I've got myself mixed up here.

      It's an order that the matter be adjourned to a later date for a direction hearing. I was thinking if I were to apply to set aside the case would be struck out as such, but I don't think that is the case is it?

      Edit: just to be clear, there has not been a judgment or order made, just an initial hearing.

      Comment


      • #4
        No. At best the order made within the case would be set aside. The case itself would remain both alive and kicking.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          No. At best the order made within the case would be set aside. The case itself would remain both alive and kicking.
          Yep, I've logged on a bit late tonight.. Thanks for confirming.

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

          Announcement

          Collapse
          1 of 2 < >

          SHORTCUTS


          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Directions Questionnaire



          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




          We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
          If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
          2 of 2 < >

          Support LegalBeagles


          Donate with PayPal button

          LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

          See more
          See less

          Court Claim ?

          Guides and Letters
          Loading...



          Search and Compare fixed fee legal services and find a solicitor near you.

          Find a Law Firm


          Working...
          X