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Cheshirelad v SPML ( set aside hearing 6th Nov )

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  • #61
    Re: Cheshirelad v SPML ( set aside hearing 6th Nov )

    Just back from court. That didn't go well! in fact just confirmed my lack of faith in the system.

    They sent a £700 an hour barsister along, well tooled up with all his legal books. the Judge said he could have a turn then me then the judge would sum up

    I thought it was going ok, till the judge interjected regarding the faxed defence that didn't reach the court and sumerized that maybe it did. then it seemed to turn and I almost got the feeling the disicion to set aside had been made.

    When he turned to me and said now I have read your WS, is there anything you would like to add. And although I went though it, it didn't appear to matter.

    He basically said the defendant was obviously submitting a defence, they had applied to set aside in good time and their defence had a real prospect of success

    The real shock was when he awarded costs against me on the basis it was my fault I had put the defendant to the expense of having to set aside the judgement and only after pleading I was not at any fault with court process had I could'nt pay he discided not to award them, phew!

    So pretty hacked off now, were's the bottle!

    Cheshirelad

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    • #62
      Re: Cheshirelad v SPML ( set aside hearing 6th Nov )

      really sorry to hear that - like you say when they send in the big guns you know they mean business. Whats next???
      "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

      "Always reach for the moon, if you miss you'll end up among the stars"


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      • #63
        Re: Cheshirelad v SPML ( set aside hearing 6th Nov )

        Originally posted by scoobydoo View Post
        really sorry to hear that - like you say when they send in the big guns you know they mean business. Whats next???
        thanks scooby, dust myself down, take stock got to wait for a hearing date + fresh AQ's

        I just get the feeling am on the back heel now. they come out of this stronger and almost now in control and I'm sure they will try for a fasttrack but we'll have to wait and see

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        • #64
          Re: Cheshirelad v SPML ( set aside hearing 6th Nov )

          I am really sorry to hear that CL.

          These institutions have money to spend when it suits I am afraid.

          How comes the Judge said they have a good defence - did he have a good read?

          Whats the next step?

          Tuttsi

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          • #65
            Re: Cheshirelad v SPML ( set aside hearing 6th Nov )

            Had the Set a side judgement though with a fresh AQ to complete (another £35 to pay)

            If I decide to withdraw my claim (not feeling very positive, especially after the Judge said there was a good prospect of their defence succeeding) what do I do just write to the court?

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            • #66
              Re: Cheshirelad v SPML ( set aside hearing 6th Nov )

              Originally posted by Cheshirelad View Post
              Had the Set a side judgement though with a fresh AQ to complete (another £35 to pay)

              If I decide to withdraw my claim (not feeling very positive, especially after the Judge said there was a good prospect of their defence succeeding) what do I do just write to the court?
              Any thoughts or views?

              Comment

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