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County Court not in my locality /Hearing time later than than said

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  • County Court not in my locality /Hearing time later than than said

    It thus appear that the County Court for my hearing was located not in my locality but a different county.Also at the county court did not stick the time of hearing . Hearing occurred later than said. Claimant representative kept apologizing to me for the delay while we were both sat in the same area.
    Claimant representative was seated at one place,with no movement.
    Others who came in late,walked passed us in the court room,while we were still waiting in the common room for our case to be called..
    This I think led the my application dismiss.
    I want to appeal.
    Please advice...
    Tags: None

  • #2
    What reasons did the judge give for the decision? That is what you need to address.

    You seem to have managed to get to the right place for your hearing, and on time.
    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 this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      The reason the judge gave for their decision to dismiss were that she did not think I had a defense and had not seen my draft defence.

      Well I think there has been lack of correct procedure followed in that, the judge had chosen not to consider my reasons and evidence on my application (to set aside the Default Judgment order). Because my defense will only come into play after success approval of my application.

      I also think this has also led to play up for Claimant and their letter submitted to the court with opposing intentions.
      A copy of their letter was posted to me before court hearing.So in the hearing I saw it all played up by judge in favor for the Claimant.

      The claimant letter was already head lining (No valid reason provided) to oppose and ask judge to dismiss application.
      At one point the judge said she couldn't find my evidence from my GP.

      I find the judge reason and decision to dismiss application at this stage as unfair and biase..

      I feel like I have to complain and appeal.

      Please advice


      Thanks

      I

      Comment


      • #4
        Then appeal. I have no way of saying whether you have any chance of success.
        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 this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          I feel they have that to deprive me from my rights.,
          because they know I had more to come up with a good defence..
          Have also not had any response notes after hearing yesterday which the judge just said dismissed.
          Would like to know if I can use the time now to fill in the claim forms putting in my defense.I have one.
          Also what is an unless order?
          I definitely think I have a defense and I want it heard..
          Please advice.
          Thanks

          Comment


          • #6
            (Typo correction) I feel they had to do that to deprive me from my rights

            Comment


            • #7
              Is this the same issue you have started six other threads on since March?

              It would be much easier to understand what this is about if you kept it all on one thread.
              Last edited by PallasAthena; 15th June 2023, 12:12:PM.
              All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

              Comment


              • #8
                An unless order states that unless a specified thing is done by a stated date then certain stated consequences will follow.
                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 this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #9
                  Yes..And so a hearing date was set the 14th of this month,and I appear at the court.But it all played up for Claimant.Judge decision to dismiss my application was in favor for the Claimant.
                  Firstly,the county court was not in my locality.
                  And secondly the hearing started later than the time it said.
                  Claimant representative kinda try to have a rapport with me at the court, even before the hearing meeting.
                  She then plays the role of a court staff,trying to inform of the causes of delay in the hearing at the court.
                  Infact all attention was on her in this regard as she took the whole center stage.
                  It was like a no show in my opinion.
                  Maybe I shouldn't have turned up,only if I knew every thing we're going to play up for the Claimant.
                  But the judge did.Judge dismissed my application in Claimant's favor.
                  Claimant had already told me at the court this was by letter,and also before the hearing meeting.

                  The judge's reason did not differ from the Claimants reasons in their letter..

                  At one point it felt like why did I even turn up.
                  Had I known all this was going to happen I won't have shown up at all..

                  The judge's decisions are unfair to me..
                  But it done now....

                  If I could complain I would have.

                  But don't know if it worth it...

                  I currently wanting advice on what to do next...

                  I have not received any write up as yet from Court after the hearing..
                  Thanks.

                  Comment

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