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Is there an avenue to complain about a Judge?

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  • Is there an avenue to complain about a Judge?

    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.
    Tags: None

  • #2
    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.
    Check out some useful guides below

    A guide to voluntary termination
    Seting aside a CCJ
    Completing an N180 Form (Courtesy of Jaguarsuk)

    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

    Comment


    • #3
      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.
      I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment


      • #4
        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.
        Check out some useful guides below

        A guide to voluntary termination
        Seting aside a CCJ
        Completing an N180 Form (Courtesy of Jaguarsuk)

        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

        Comment


        • #5
          Originally posted by R0b View Post
          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
          I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.

          Comment

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