Right to see basis of a judgement?

[pc52straw]

Hi Beagles,

This is a general question, not case specific.

Can PD5a and CPR5.4b be referenced after a civil judgement has been made at county court, where a conclusion was reached without a hearing?

WIthout any visibility of the rationale behind the judgement, it is unclear if there are grounds for an appeal by the losing party, or for further action by the winner.

The broad scenario is, you get a letter telling you to attend a hearing and send in evidence, but hear nothing back. The only letters you get back are from the court, confirming receipt or to confirm something's happened at the request of the other side, without explaining why it's happened or why you weren't consulted.

The last letter tells you the judgement, again without any narrative. It's ruled against you.l, but doesn't explain why.

In effect, you've been completely excluded from proceedings but you can see the other side being included.

[atticus]

The order should usually recite the basis on which it has been made. This will usually begin "UPON reading ..." or "UPON hearing... "

[pc52straw]

Well, yes. But in the context of "UPON this court totally ignoring you completely, as if you're not even a party in these proceedings, while serially responding to requests and applications from the other side, we're telling you we have done this and we ain't telling you why."

[pc52straw]

I am really not kidding, Atticus. I cannot talk about the case here, but what has happened is so utterly bonkers, you wouldn't believe it.

[atticus]

It is interesting that the court should use the recital quoted in post #3. Have you complained?

[pc52straw]

Obviously I've used artistic license there. It's not my claim so am loath to give any revealing facts out.

I've gone through the general rules of conduct and fair play, civil procedures, and practice directions - and what I am seeing is so far away from what I would expect to see that a formal complaint is definitely warranted. That is as much as I am prepared to reveal in an open forum.

So the "generic" question is, what form should a complaint take, and does the aggrieved litigant need to submit an application to compel the court to actually tell them what's been going on.

It's not good enough to just say "file a complaint" - at this point they wouldn't even know who to complain to, or who to complain about. Their complaint at the moment is they don't even know if the situation has arisen due to misconduct from the other litigant, failure in case management, or worse.

Before making a complaint, the court needs to shed some light on what has been going on behind this litigant's back. Hence my question relating to citing PD and CPR.