Judicial Review

[BACK OF THE NET]

Actually we have addressed the point you think is most important. I mentioned in an earlier post your option is to appeal or set aside the decision to strike out your claim. Regardless of how unfair you think the process, decision or lack of is, those are your options.

The English legal system like many things in this world is far from perfect but what it does have going for it is the appeals system. The hierarchy is such that a decision of the lower court can be appealed to the senior court to consider whether your appeal has any merit.

I'm quite sure that if any of us were denied what we considered to be a legitimate judgment we would submit an appeal on that basis and ask the senior court or judge to overrule the lower court's decision.

There really is only so many times we can dice it and tell you about your options which you do not appear to be taking on board.

How can I appeal the strike out application that was made on the 9th October 2019, when the Court has not sent out the sealed order which would give me that option?

The only reason that I know this hearing proceeded and that judgment to strike my claim out was because I telephoned the Court directly.

Maybe the Court will provide the sealed order after the time to appeal has expired, now there is a though ROb

[R0b]

So to clarify, you were ordered to serve the Particulars of Claim on the solicitors after you applied for summary (or default) judgment? I am assuming you chose not to do that which is why the solicitors then made an application to strike out your claim, or is there something else you've not told us about this story?

You don't need the sealed order to make an application to appeal. The CPR says that an appeal should be made 21 days from the date of the hearing, surely you must have some inkling why the claim was struck out - again did you not ask the court the reason(s)?

The onus is on the parties to be proactive, the court will have little sympathy for those who decide to sit on their hands, especially when you were aware of the date of the hearing.

[BACK OF THE NET]

So to clarify, you were ordered to serve the Particulars of Claim on the solicitors after you applied for summary (or default) judgment? I am assuming you chose not to do that which is why the solicitors then made an application to strike out your claim, or is there something else you've not told us about this story?

You don't need the sealed order to make an application to appeal. The CPR says that an appeal should be made 21 days from the date of the hearing, surely you must have some inkling why the claim was struck out - again did you not ask the court the reason(s)?

The onus is on the parties to be proactive, the court will have little sympathy for those who decide to sit on their hands, especially when you were aware of the date of the hearing.

Your assumptions, unfortunately are wrong, as I did follow the order to yet again provide them with the particulars of claim, even though the evidence that they had already received the particulars of claim prior is so damming it beggars belief ROb.

I suppose the easiest thing to do when your clients cannot offer a defence is to claim they did not receive the particulars of claim, when judgment is just about to be entered against them, to give them more time, not to be able to provide a defence and demand a claim be struck out.

I am not sitting on my hands at all, whilst I agree the onus is on a party to act on a judgment, the onus is on the Courts to make quite sure of any orders which would include striking a parties claim out, another procedure that has evidently been vigorously abused.

It is not up to me to chase the Courts, the Courts are paid to as to give notifications and orders that they feel fit to make, im still waiting, not good is it.

[R0b]

The fact still remains that you were made aware of the date of that hearing, so you would have had the opportunity to contact the court or even the solicitors to establish the outcome. There are several ways to find this out if you tried.

I absolutely agree that the courts should follow procedure and where they have deviated without good reason i.e. where they have discretion, then you make an appeal and seek to enforce the procedure that you claim has not been complied with. As it happens, you are where you are and if you want to rectify it then you should prepare and submit an appeal together with a request for an extension of time as a safeguard and on the premise no sealed order has been issued so you don't know the reasons for strike out and therefore need further time to prepare grounds.

At the end of the day, some of your actions have done you no favours and if you want to get this back on track then you know what to do, otherwise if you want to mope about because you feel you've been done over by the courts then that's also fine, but it's not going to resolve your current problem.

The regulars on here assist others in their own free time and we are more than happy to help you along where the knowledge and expertise is within our remit but I somehow get the feeling that you are holding a grudge against the court for what they have done to you and you seem to be standing up on principle.

It's not clear what exactly you want from us, so I'm just going to ask you straight up: do you want any help moving this forward, which involves you being proactive and taking the necessary steps that I've highlighted, or do you just want to continue talking about the court's supposed failures?

[BACK OF THE NET]

The fact still remains that you were made aware of the date of that hearing, so you would have had the opportunity to contact the court or even the solicitors to establish the outcome. There are several ways to find this out if you tried.

I absolutely agree that the courts should follow procedure and where they have deviated without good reason i.e. where they have discretion, then you make an appeal and seek to enforce the procedure that you claim has not been complied with. As it happens, you are where you are and if you want to rectify it then you should prepare and submit an appeal together with a request for an extension of time as a safeguard and on the premise no sealed order has been issued so you don't know the reasons for strike out and therefore need further time to prepare grounds.

At the end of the day, some of your actions have done you no favours and if you want to get this back on track then you know what to do, otherwise if you want to mope about because you feel you've been done over by the courts then that's also fine, but it's not going to resolve your current problem.

The regulars on here assist others in their own free time and we are more than happy to help you along where the knowledge and expertise is within our remit but I somehow get the feeling that you are holding a grudge against the court for what they have done to you and you seem to be standing up on principle.

It's not clear what exactly you want from us, so I'm just going to ask you straight up: do you want any help moving this forward, which involves you being proactive and taking the necessary steps that I've highlighted, or do you just want to continue talking about the court's supposed failures?

Thanks for that, and more likely than not, my emotions in this matter have been magnified by the reason that if I could have been in the position of being represented by a solicitor, what I am claiming would not be an issue.

How do I ask for an extention and would any appeal go and at the same time with the request for an extention?

[BACK OF THE NET]

I am affraid that i have got my wires crossed, my appolgies but the case was not listed in the High Court, but through the Money Claims online option who have been dealing with this matter.

[BACK OF THE NET]

The silence, really says it all.

[R0b]

Well with a comment like that why should I help you?

The majority of us have lives and families meaning we dont always come on here on weekends. Sometimes we just miss posts and simply need a nudge or reminder.

Comments like yours will get you nowhere so before I bow out of this, I'll give you some pointers to get you started.

1. You will need Form N161 to appeal. Highly advisable to read the guidance notes that come with it.

2. Read Part 52 of the CPR and in particular Practice Direction 52B

3. You will need to provide your grounds of appeal which should be kept brief and to the point.

4. Use Google if you get stuck.

[BACK OF THE NET]

Well with a comment like that why should I help you?

The majority of us have lives and families meaning we dont always come on here on weekends. Sometimes we just miss posts and simply need a nudge or reminder.

Comments like yours will get you nowhere so before I bow out of this, I'll give you some pointers to get you started.

1. You will need Form N161 to appeal. Highly advisable to read the guidance notes that come with it.

2. Read Part 52 of the CPR and in particular Practice Direction 52B

3. You will need to provide your grounds of appeal which should be kept brief and to the point.

4. Use Google if you get stuck.

I was just being blunt ROb

A bit like you sunshine.

Practice what you speak

You are no different to me, so why are you throwing your toys out of the pram, grow up.

[EXC]

Thread closed.