Hi All
i am no legal expert but it is my understanding that in order to get a Possession Order set aside all requirements of CPR Rule 39.3(5) must be met? i would appreciate some clarification on this as the PO i was granted has been set aside on the basis that i filed the claim in the wrong court. Is this correct? Was the Judge correct in doing this? i feel this is unfair as when i filed the claim i was at no point told that it should be filed at a different court. I did express this to the Judge and he clearly said it was not my fault but still set aside the PO and warrant.
Thanks for taking the time to read this, any feedback appreciated.
i am no legal expert but it is my understanding that in order to get a Possession Order set aside all requirements of CPR Rule 39.3(5) must be met? i would appreciate some clarification on this as the PO i was granted has been set aside on the basis that i filed the claim in the wrong court. Is this correct? Was the Judge correct in doing this? i feel this is unfair as when i filed the claim i was at no point told that it should be filed at a different court. I did express this to the Judge and he clearly said it was not my fault but still set aside the PO and warrant.
Thanks for taking the time to read this, any feedback appreciated.