County Court Judgment Set Aside - Fresh Claim (Confused)

[SamuelT]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

Have no idea. I have no papers or documents from the time. I struggle to remember what I was doing 11 years ago. But it is an enforcementioned of a judgment from an employment tribunal

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Would the court expect the claimant to be provided a skeleton argument?

[charitynjw]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

To clarify, do you mean a skele, or are you referring to a Witness Statement?

[SamuelT]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

No I mean the Skeleton Argument that I presented to the District Judge last time. Does this need to be sent to the claimant, or only the evidence and exhibits I rely on?

[charitynjw]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

No. The only directions are that the judgment is set aside and that parties are to file any evidence they rely on by next week (CPR 27).

A skeleton is not evidence, it is your legal argument, so you are not required to disclose it to the Claimant.
Make sure you have copies of any authorities you refer to; the Judge might ask you for the source material. (Case law, statutes etc.).

[Diana M]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

I had a county court judgment entered against me stemming from an Employment Tribunal,

. . . The claimant recently sought to enforce judgment of this. . . .

The District Judge could not have been nicer and not only did not allow enforcement of the judgment but also set aside the judgment.

You need to post up a copy of the Claimant's application and a copy of the Order and Directions from the last hearing (with personal details removed, both yours and theirs).

What baffles me is why would a DJ set aside a CCJ unless their was an application to do that (apart from your oral evidence in court)? That application would have come from you since you were the Defendant who lost, so the Claimant is unlikely to want it set aside.

But you're saying the application was only to enforce the CCJ (after 10 years) which is a different issue.

Maybe the DJ did have the discretion to set aside the CCJ without an application, so if he did, what reason did he give you for doing that?

Was the CCJ a Default Judgment because you failed to enter a Defence at the time? Did you convince him at the hearing that you had already paid the sum owed prior to the original summons being issued (a potential Defence of no money owed) or did you pay after the CCJ was granted? Or was the summons issued to an address where you didn't live at the time so you were denied the opportunity to defend it?

The Order/Directions will tell you what is expected of either party. Those are the things which must be done or either party risks sanctions for not doing them.

You (and the Claimant) may be able to add more things which you would like the court to know and see but no one can tell you what they could be without seeing the Order and the Application and answering all these questions.

When is the next hearing listed and for how long?

How much is the sum in dispute? I'm guessing this is in the Small Claims Court since you say it was in relation to a few days' pay for work done by a friend.

You've asked a lot of questions about legal procedure but you've not given the full facts of the scenario so your questions can't be answered until you do I'm afraid.

Di

[SamuelT]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

Hi Diana,

Do you have an email I could send the papers to as I cant seem to upload them on here.

Thanks

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its ok I have uploaded ALL the papers on here, advice greatly appreciated.

https://www.scribd.com/document/3303...se-Details-Ccj

[charitynjw]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

Hi SamuelT

I'll give [MENTION=87380]Diana M[/MENTION] a wee nudge for you.

[SamuelT]

Re: County Court Judgment Set Aside - Fresh Claim (Confused)

So I have posted all the papers I have received, can someone tell me what papers I need to send the claimant?