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After Part 8 hearings

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  • After Part 8 hearings

    I am the claimant of the case and I represent myself. Itís been a month since the part 8 hearing. I still havenít heard from the court. During the hearing, the judge asked me to prepare a document in 28 days and said it would be allocated to small claims. I think I should wait for the court letters before submitting new documents. But I havenít received any. I asked the court through email about the updates but no one replied to me. I donít know what I should do now.
    Tags: None

  • #2
    Call the court, much faster and you will get an answer straight away.
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    • #3
      Originally posted by R0b View Post
      Call the court, much faster and you will get an answer straight away.
      Thank you. If my case is struck out or dismissed, would I get any notice?

      Comment


      • #4
        What do you expect from an organisation funded by this government? Efficiency?

        Apart from that, if you are clear what you were to file and serve within 28 days, do it.

        As to strike out, if the order stipulated that if you did not file the document within 28 days your case would be struck out, then don't fanny around. If there has been no mention of strike out so far, then I would expect you to be given notice.
        Lawyer (solicitor) - retired from practice, now in academia. 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
          Originally posted by atticus View Post
          What do you expect from an organisation funded by this government? Efficiency?

          Apart from that, if you are clear what you were to file and serve within 28 days, do it.

          As to strike out, if the order stipulated that if you did not file the document within 28 days your case would be struck out, then don't fanny around. If there has been no mention of strike out so far, then I would expect you to be given notice.

          Thank you for replying to me. I donít expect efficiency but I worried that I may have missed something important. The defendant tried to strike out my case.

          The judge verbally asked me to submit a document within 28 days during the hearing. But I wonder if I should wait for a written document from the court to confirm what the judge wants me to do (actually) and file it with directions questionnaires after I receive it from the court.

          Comment


          • #6
            The hearing was held on 11 sep 2023. Court cannot find the claim form and attachment


            Today I received the letter from the court by second class mail dated 4 Oct 2023 by second class.


            The order by the court is dated 11 September 2023. And the order made us deliver further documents or witness statements by 4pm today at 4pm.


            Please advise.

            Comment


            • #7
              This kind of ridiculousness is becoming par for the course. File those things asap, with a letter firmly making the point about when you received the order.
              Lawyer (solicitor) - retired from practice, now in academia. 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


              • #8
                Thank you for replying.

                Sorry for the typos. I donít mean to be rude but I was in a hurry to prepare those documents. Finally, I filed those things around 4 pm.

                I am wondering if I should find a solicitor representing me and wonder if it would be better.

                I doubt the invoice submitted by the defendant is fake. I canít find that company registration number and thereís no business address. Please advise.

                Comment


                • #9
                  If you question the authenticity of a disclosed document you must do so by notice complying with CPR 32.19: https://www.justice.gov.uk/courts/pr...s/part32#32.19
                  Lawyer (solicitor) - retired from practice, now in academia. 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


                  • #10
                    Originally posted by atticus View Post
                    If you question the authenticity of a disclosed document you must do so by notice complying with CPR 32.19: https://www.justice.gov.uk/courts/pr...s/part32#32.19
                    Thank you. Unfortunately , 7 days has passed.

                    The order said, " The claim shall continue as if part 8 proceeding had not been issued."
                    Would you please advise what does this mean?

                    Comment


                    • #11
                      I think this means that it is now a Part 7 claim. You should comply (subject to the timing point) with all the directions contained in the court order.

                      Read the guide for lips - link in my signature.
                      Lawyer (solicitor) - retired from practice, now in academia. 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

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