Good Morning Everyone

[justice777]

Hi everyone.

This site was recommended to me by a very good friend who has managed to sort her life out with the help of everyone on here.
She highly recommended I come on here ages ago but have been too busy with other things, but I need some advice now if anyone can help.

I hope I am posting in the correct forum if not I am sure I will be.

I do not want to go in to all the details as it is a very complicated case I am dealing with at present but need some advice.

I am the claimant in this case and I went to court yesterday. The Defendant is trying to have my claim struck out. He also put an application to the court that I did not comply with his CPR 18 request, which I did. I have sent the court proof that I did also.
Judges comments were as soon as I entered the court were;

" I am the judge in this case and before I go any further I would like to advise you that I work for one of the firms that you have made allegations against in your case. It is up to if you wish to continue, if not the case will have to be adjourned. I did not want to continue as she said it could be a conflict of interest.

She also went on to say that I did not put causation in my case. She also said to the Defendant that she could not understand his CPR 18 request.

My problem is now that I know that the Defendant will want my case to be struck out at the next hearing on the basis that I did not comply with his request. Is it possible for me to amend or add the causation of my case before the next hearing. If so, then there would no reason for my case to be struck out. The judge also said that the amount I have asked for damages cannot be awarded at this court.
Can I put in an application before the next hearing that I have complied with the defendant's request. Even though I wrote to the court that I have, maybe there is a different procedure to comply with CPR requests

any thoughts or ideas would be beneficial, thanks

[WendyB]

Re: Good Morning Everyone

Sorry, I don't get this. How can a Judge be working for a firm which you have made allegations against.? I thought a Judge was a Judge and employed by the crown. Was this small claims, fast track, or what?

Much as it may well be complicated, i think you still need to give us a bit more detail before we could advise. Is it to do with charges, reclaiming, PPi, personal or business?

[justice777]

Re: Good Morning Everyone

Thanks for your reply Wendy,

The judge said to me that there was another judge who was going to hear my case, but he had to go to another one that's why she had to stand in. She also said that she did not read my case only a few pages.
This is a case against a person who has committed fraud against me and caused a loss to me, I prepared my own case against him and submitted it to the court.

There are a lot of people involved in this case. I have named a solicitors firm also and the judge is working for that firm and said to me it could be a conflict of interest if she continued. This was a allocation hearing yesterday or was supposed to be, but it has been adjourned.

[Tools]

Re: Good Morning Everyone

Can you give a little more detail please as to what the actual fraud was.

What was the defendant asking for in their part 18 request and did you supply them the information, if not why?

A Particulars of Claim can be amended, but obviously if it varies completely from the original the Judge may not allow it.