Is there an avenue to complain about a Judge?

[Lizmontague]

I had my small claims case struck out because I did not pay.the fee.

I want to complain about the Judge who struck it out. I emailed the Court the day before to explain that their lines were not being answered (short staffed due to Covid) and that I would not be able to try calling again for a few days as my mother had just passed away due to the virus.

Struck out the next day. Along with the Courts condolences.

I am disgusted.

[R0b]

Not the avenue you are thinking of.

You need to make an application to set aside the strike out, it will cost you £255 but I think in the current circumstances the judge hearing your application should give you some leeway and allow it.

If I recall, you normally have about a month to pay the hearing fee so leaving it last minute to make the payment is always going to be risky. You can also send a cheque as an alternative if you find it difficult getting through to the court.

[pt2537]

I think you will need to make a denton application, for relief from sanctions under CPR 3.9 strictly speaking rather than application to set aside.

[R0b]

Correct PT, relief from sanction is part of it, but as far as I'm aware, it is still an application for set aside under CPR 3.6

OP should note of course that there is a 14 day window to make an application.

[pt2537]

Correct PT, relief from sanction is part of it, but as far as I'm aware, it is still an application for set aside under CPR 3.6

OP should note of course that there is a 14 day window to make an application.

yes sorry i had thought it was an application to set aside default judgment under CPR 13, apologies, yes thats right under 3.6 but it would have to set out the denton requirements too, as it would be also a relief from sanctions application

what a nightmare that will be drafting lol