If ever there was a time I needed your hep Legal Beagle superpeople…

[andrew2332]

Re: If ever there was a time I needed your hep Legal Beagle superpeople…

Thanks all!!!

Updating soon...

Do you think I can get Court permission to open a new case based on all the previous issues when I am back home?

Also worth noting that I WAS intent on being in the country firstly when an original hearing would have happened had the other side not asked for an application for strike out...and then had to change my plans extensively so I could be home for when a hearing would have happened following dismissal of their strike out application...they mucked this initial strike out hearing up, of course, and I couldn't fathom they would be allowed an adjournment...and then they got one, AFTER I booked my flights to Central America.

So I can show that I twice attempted to diarise so I was home for a hearing...impossible a third time, as I work abroad and already put the trip off once...

Further...within the 7 days I had to vary the order, there was a 30% chance I was going to be home anyway...seems to me that the request for adjournment was the proper route to go after this?

Drew xxx

[andrew2332]

Re: If ever there was a time I needed your hep Legal Beagle superpeople…

One more question...

Should the Courts have advised me to write in re: attending the final conference via a telephone hearing? It seems that, from reading the CPR, only certain hearings can be attended by telephone, and certainly not final hearings? Therefore, I should not have been given such instructions?

[CleverClogs]

Re: If ever there was a time I needed your hep Legal Beagle superpeople…

The Courts are becoming stricter with all parties, the senior Judiciary have made it clear LIPs will no longer get protection which is far greater than a opponent who is legally represented.

There is a clear shift from allowing errors, to enforcing strict rule compliance.

The trouble with that approach is that, together with the changes made to civil legal aid, justice may once more be denied in some cases.

It seems far from impossible that the UK will be condemned by the ECHR as it was over the disparity of legal expertise in the celebrated McLibel case.

Please see http://www.mcspotlight.org/media/pre...msc150205.html

[andrew2332]

Re: If ever there was a time I needed your hep Legal Beagle superpeople…

*BUMP*

[andrew2332]

Re: If ever there was a time I needed your hep Legal Beagle superpeople…

**BUMP BUMP**

[pt2537]

Re: If ever there was a time I needed your hep Legal Beagle superpeople…

if you issue a second claim it is liable to be struck out. Henderson v Henderson springs to mind for starters, there are also numerous authorities which state relitigating amounts to an abuse of process and therefore your claim is at risk.

**BUMP BUMP**

[andrew2332]

Re: If ever there was a time I needed your hep Legal Beagle superpeople…

If I have an appeal application hearing, and the application is dismissed, do I make an application to set aside the judgement, or appeal the jugement?

[CYNthesys]

Re: If ever there was a time I needed your hep Legal Beagle superpeople…

Not sure what you mean Andrew

[andrew2332]

Re: If ever there was a time I needed your hep Legal Beagle superpeople…

The judgement to not allow an adjournment - do I appeal it or make an application to set aside?

[pt2537]

Re: If ever there was a time I needed your hep Legal Beagle superpeople…

If I have an appeal application hearing, and the application is dismissed, do I make an application to set aside the judgement, or appeal the jugement?

Im not entirely sure what the question is

[andrew2332]

Re: If ever there was a time I needed your hep Legal Beagle superpeople…

ummh...

I had an application hearing for an adjournment request. Said request wes denied,

Do I appeal the decision, or lodge an app for set-aside?

[pt2537]

Re: If ever there was a time I needed your hep Legal Beagle superpeople…

ummh...

I had an application hearing for an adjournment request. Said request wes denied,

Do I appeal the decision, or lodge an app for set-aside?

Now then, you want to appeal because you disagree with the judges decision? or because it was wrong at law? or because the judge reached a conclusion that no reasonable judge could have reached when faced with the application ala Wensbury principle

[andrew2332]

Re: If ever there was a time I needed your hep Legal Beagle superpeople…

Okay...

I wasn't present because the other side mucked up the telephone conference, which is now evidenced by facts, i.e. witness statement from someone who was there when I was waiting for the call, statement from the telephone conference company accepting some fault and also blaming Defendant's solicitor, and also the facts of the organisation of the hearing itself (i.e. the Defendant ha the conference people calling the wrong number for ten minutes).

So based on all this, do I appeal decision, or put it in an application for set-aside?

[CleverClogs]

Re: If ever there was a time I needed your hep Legal Beagle superpeople…

Im not entirely sure what the question is

I believe that andrrew is unsure which is the better way to waste more money.

[andrew2332]

Re: If ever there was a time I needed your hep Legal Beagle superpeople…

I get fee remissions