Fait accompli N244 based on intentional misrepresentation.

[pc52straw]

I'd rather not give specifics for reasons that'll be hopefully clear.

Defendant filed n244 to move the case "for home court advantage" despite the case being an individual suing a company with multiple employees.... And did so after evidence exchange.

Evidence for the home court advantage was a handful of OUTDATED (like, 10 years old) legal documents about property ownership.

But it's a matter of public record that the documents are outdated... Because Companies House, Land Registry and other records have newer versions supporting my case. It looks like the judge has gone off apparently legit papers and accepted a self declaration that they're still current.

The n244 got approved, and I didn't get any notification about it at all until the paperwork was already in the post.

I saw the "separate hearing on the authenticity of evidence" thread and that strongly suggests to me
that the new judge has a right to know in advance of the day in court, but there are other factors not connected to my claim that could suggest that there's other Investigations into the conduct of the firm.

If it is discussed in front of the defendant, it could potentially derail another investigation. But if it's brought up in secret with the assigned judge it could prejudice the legitimate defence.

Any thoughts on how best to approach this?

[atticus]

Did the order permitting transfer contain a provision allowing you to apply to set it aside within a specified period?

CPR 23.9 and 23.10 may help you, in that they give a right to apply to set aside or vary an order made without notice to you: https://www.justice.gov.uk/courts/pr...es/part23#23.9

[pc52straw]

For clarification... I finally got to see the n244 over three weeks after the case paperwork arrived at the receiving court.

And, I got postal confirmation of the judgement one day before the case stuff was bundled up and posted.

That's "fait accompli" in my book.

[pc52straw]

I actually don't care the case got moved. I'm more annoyed that it was approved on the basis of a statement so false that an inquisitive schoolkid could've seen through it in five minutes.

[atticus]

So what do you want?

[pc52straw]

I want to know how I tell a judge something rather awkward ..

1. that the last judge could've debunked the application simply by going to Zoopla or Rightmove and looking at the sale history.

2. that the change in ownership invalidated the stated reason for moving the case.

I don't want the case kicked down the road for another three months at a cost of £275 so it gets booted back here. I want to go to his court, argue my case fairly, and win it. The defendant has deep pockets. I don't.

The defendant has also filed other n244s that got rejected. If every time one side files an n244 the other files one in retaliation we'll be playing ping pong for years over a sub £1000 debt.

[atticus]

The time to do this would be on an application to vary the order or set it aside. Or you wait until the eventual hearing, when the judge may not be at all interested, as it may not have a bearing on any of the questions he/she has to decide.

As to how you tell the judge, it is best to be respectful. Address him/her as "your honour" or at the very least "sir/madam".

[pc52straw]

That's the problem. I had no opportunity to do that.

It's bizarre that the n244 filed by the company can be deliberately withheld from me until weeks after the case has been transferred to a different court and everything's been kicked down the road.

The case is about a contract fulfilled by me where the company flatly admits in writing (even in its witness statement and evidence in chief) that it is intentionally acting in breach of its side of the contract, at my expense.

Basically, the only defence argument being presented at all is the attempt to argue the case should be thrown out because it was filed to the wrong defendant at the wrong address. This fraudulent application currently adds weight that reinforces that defence.

But it was a fraudulent application. The judge was misled.

Isn't that a perversion of justice?

[JK2054]

Was it with a hearing or without a hearing?

[pc52straw]

Was it with a hearing or without a hearing?

Sorry for delay in getting back. It was without a hearing. Not that it matters, there have been other N244s since. The deep joys of being a layperson LiP going against someone with no scruples and a bottomless wallet, filing N244s to a court that insists on typing up a letter and printing it out and leaving it in the out tray in the post room for over a week before finally someone goes out on horseback to stick the envelopes into a postbox marked for sending letters via the slowest snail mail route available.

Why don't they use email instead of posting stuff out? It'd be so much quicker especially when claimants are using the digital service from the very outset so the email address is confirmed valid by this point.

Not being funny, but I finally got to see the application almost two months after it was sent in by the applicant. Nothing like being told "You have seven days to..." weeks after that ship sailed.

[JK2054]

Not much you can do if its without a hearing.

just go with the process and let it filter through the system is the best thing I can advise