Appeal County Court claim strike out

[Kenny2020]

Hi

I would really appreciate input/opinions from people who know more about this than I do...

I was late attending a small claims hearing. I telephoned the court to advise that I was delayed, but the judge went ahead with the hearing and struck out my claim. I cannot simply bring the claim again, as the limitation period has now expired. I therefore made an application to set aside the judgment and reinstate the claim, but the judge dismissed the application because he did not believe I had a good reason for non attendance.

I quoted Akita & Anor [2019] EWHC 1712 (QB), as Mr Justice Spencer had identified the difference between non attendance and late attendance, but the judge completely ignored this.

I now want to appeal, as I obviously disagree with the outcome, but I would now only be able to appeal the dismissal of the application, as the period allowed for appealing the strike out order has expired whilst awaiting the hearing of my application.

Have I made a mistake?...should I have appealed the strike out order? Would I have a chance of getting an extension of time to appeal the strike out order now or am I ok just appealing dismissal of the application?...or can I appeal both on one appeal?

Also, I still want to rely on Akita, but am worried it's not the 'golden bullet' I think it is. Specifically, I'm concerned about Spencer's comments regarding a District Judge with a number of hearings listed and the cut off time for arrival allowing enough time to have the hearing. Should I be concerned by this? What if the judge had a few cases listed at the same time and so could have heard one of the others first?

Sorry for rambling, but the claim is very important to me and I'm so worried!

Thanks

[Kenny2020]

I have just found this case also, which appears to be helpful to an appeal...

TBO Investments Ltd -v- Mohun-Smith

[Kenny2020]

Just wondering if anybody has the necessary knowledge/experience to assist with this? Thanks

[islandgirl]

atticus ? Just wondering if this is something you could comment upon?

[atticus]

If I were taking this further, I would appeal both. That is, appeal the refusal to set aside and for good measure the original strike out.

Study of Gordon Exall's Civil Litigation Brief blog may help - it has a search facility.

[Kenny2020]

Thanks for taking the time to respond.

I was thinking it would be a good idea to appeal both as you suggest, but I just wonder what chance I will have of being granted an extension of time for appealing the strike out order, as it's now 3 months since that order. Do you think the Judge would accept that the delay is due to making the application to set aside and then seeing this process through (i.e. awaiting a hearing) and that they would consider this to have been the appropriate thing for me to do?...I made the application feeling confident that it would be successful (silly me!)

Thanks

[atticus]

Of course if you do nothing, the chances of getting anywhere are nil.

[Kenny2020]

Thanks for your help! Just to confirm...I can appeal both orders within the one appellant's notice? I presume it would be a case of - if the appeal against the dismissal of the application to set aside is unsuccessful, the Judge would then look at the request for extension to appeal the strike out order and so on? Thanks

[atticus]

That is what I would try. You would succeed either on both or neither.