strange goings on.

[Toby David]

Hi, I wonder if anyone could offer some insight into the follow matters.
1. Should a Magistrate be allowing the use of the Court facilities, to the Claimant,( due to alleged 'financial difficulties') in order for the progression of the claim.
2. Shouldn't a Magistrate be 'aware' of the details within the the claim and any developments throughout the case management.
3. Is there a time frame as to which a verdict must be made regarding a civil claim.
4. Hasn't the Magistrate the powers, at any time to 'strike out' a claim which is deemed either an abuse of the the court process, or of which the claimant has no prospect of success.
Many Thanks

[nemesis45]

Re: strange goings on.

Hi, I wonder if anyone could offer some insight into the follow matters.
1. Should a Magistrate be allowing the use of the Court facilities, to the Claimant,( due to alleged 'financial difficulties') in order for the progression of the claim.
2. Shouldn't a Magistrate be 'aware' of the details within the the claim and any developments throughout the case management.
3. Is there a time frame as to which a verdict must be made regarding a civil claim.
4. Hasn't the Magistrate the powers, at any time to 'strike out' a claim which is deemed either an abuse of the the court process, or of which the claimant has no prospect of success.
Many Thanks

Is this the same case we are already advising on?

nem

[nemesis45]

Re: strange goings on.

Is this the same case we are already advising on?

nem

1. What facilities?

2. No idea what a magistrate (s) have been made aware of.

3. Verdict will be given as and when the magistrate (s) is/are satisfied
that they have all the evidence and have considered it, if the matter
is of a level where the magistrate (s) decide they cannot / do not have
sufficient knowledge or jurisdiction they may refer it to Crown Court.

4. The legally qualified Clerk will advise the bench on points of law.

Matters will/would change if this went before a District Judge ( crim),
to facilitate further advice we will need more open disclosure of the
details leading up to this "trial".

nem

[Toby David]

Re: strange goings on.

Of facilities; Due to the claimants inability/unwillingness to produce an impartial bundle, the magistrate ordered that both parties attend court to cooperate with regards the production of the trial bundle, being allocated a room, use of photocopier, and court staff for advice. therefore enabling claimant to continue the pursuance of the claim.

The Magistrate during the case management appeared to have very little grasp of the details of the claim, or any further developments.
Although a Magistrate was meant to be dealing with the case management, a 'recorder' dealt with the actual trial.