Odd Judge...lying court staff...this one has it all

[atticus]

To add to what R0b has said, you need to mind that the courts are a means provided by the state for resolving disputes between citizens. You use the court on its terms, not yours.

[JackButler]

Seriously?

1) Judge strikes out my claim for no good reason. Oddly mentions I am facing potential cost implications if I continue to pursue.
2) I apply as soon as I am advised that I in fact have 7 days to apply to set aside the strike out, and not the 78 days mistakenly written in the original strike out order (having queried whether this is correct with the court and been told I will be emailed an answer, and then I was not).
3) Judge dismisses my application for being untimely made.
4) I appeal as I am thrice lied to over the phone about the reasons for the strike out, and I have proof of this. I then find out the reason (untimely) and cancel that appeal.
5) I make another application explaining the untimeliness and court staff issues.
6) Same Judge orders another hearing, Mentions cost implications AGAIN.
7) Court sends hearing notice to the wrong address, so I find out about the hearing two days before.
8) I send written submissions as I cannot attend (due to court apparently not processing my help with fees properly so I can make an application to attend via phone or Zoom). Said written submissions adequately explain why the case needs to be reinstated.
9) SAME JUDGE adjourns the application hearing and orders £800 of costs, as well as the next hearing to be allocated to him.

You don't think that he is abusing his power?

Please just help me with how to complain about all this.

[JackButler]

p.s. I can halt the new claim if necessary as it has been sent to the CCBC.

[R0b]

1) Judge strikes out my claim for no good reason. Oddly mentions I am facing potential cost implications if I continue to pursue.

We have no idea what the judge has read or heard from you so not something I can comment on. Judges need to give reasons to strike out a claim so I would be surprised if the judge simply stated that your claim is struck out and thats it. If, however that is what you're saying, you would have grounds to appeal that decision, following the appeals process.

Under the Civil Procedure rules, courts have discretion to exercise their powers to strike out a claim if there are no reasonable prospects of success or other reasons as appropriate. Again, if you are not happy, the process is to appeal but I would not say that the judge is abusing his power.

3) Judge dismisses my application for being untimely made.

Possible grounds for appeal if the judge failed to take your prompt application into account or ignored it and likely to be successful in that case.

4) I appeal as I am thrice lied to over the phone about the reasons for the strike out, and I have proof of this. I then find out the reason (untimely) and cancel that appeal.

Probably a silly and rash decision for you to make for the reasons I've explained in my last post.

6) Same Judge orders another hearing, Mentions cost implications AGAIN.

No sure what your issue is in relation to costs. The Civil Procedure Rules states that the judge has discretion to award costs, but as a general rule, the successful party should be awarded their costs unless the CPR expressly prohibits an award of costs.

7) Court sends hearing notice to the wrong address, so I find out about the hearing two days before.

9) SAME JUDGE adjourns the application hearing and orders £800 of costs, as well as the next hearing to be allocated to him.

Again, unsure why the judge assigning the case to himself is an abuse of power. I would refer back to my previous post as to when and why a judge might reserve cases for themselves. If you have an issue with the costs you can either make an application to set aside the costs order if the decision was made of the court's own volition, otherwise the correct process would be to follow the appeals process.

p.s. I can halt the new claim if necessary as it has been sent to the CCBC.

You sure can, but if you do that you need to file a notice of discontinuance and send it to the other side also. Because the claim is not yet allocated the defendant could claim costs incurred up to the date of discontinuance. This is because until the claim has been allocated to the small claims track, costs such as legal fees and other expenses are in play.

In summary, no. I don't think the judge is abusing his power at all. Powers of a judge under the rules are very broad and appellate courts are very reluctant to interfere where a lower court judge has discretion unless, for example, that discretion was exercised in a way it shouldn't have or the power was so obviously wrong and shouldn't have happened.

It seems to me you have a limited knowledge of the legal process and the procedures of the courts and powers given to a judge. Everyone follows the same process and all roads lead to appeal. how successful you can be on appeal depends on how well structured your appeal is to set out your story and explain the situation where things have gone wrong, and without bringing emotion or personal opinions into it.

[JackButler]

I have also just realised that my directions questionnaire states I am not available for the hearing that was scheduled then adjourned.