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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Skipton County Court North Yorkshire County Court Consent Or

Customer Question

I attended a mediation meeting regarding a money Claims regarding some land, as a guest for a person that as been served with court proceedings. I was not a party to the procceedings in any way and the Court claim pack did't have my name mentioned. Because the land in question had been sold to me, I was pressured to sign the agreement consent order to close my land title at the land registry. My question is, can I apply to the court to revoke my part of the consent order by way of obtaining a judgement order on the grounds that I was not a party to the proceedings. I need this judgement order to apply to the land registry for reopen my title.


 

Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, my name isXXXXX will do whatever I can to help you today.

Are you party to the claim in any way, even as intervener?
Customer: replied 4 years ago.


N0 I am not a party of the claimants or defence , even not an intervener


 


I was just a mediation member, as a guest only

Expert:  UK-Justice replied 4 years ago.
In that case no you can't apply to set aside the consent order.

If an order is made by consent the court will not set it aside unless it was made by mistake.

Parties to a claim are free to negotiate whatever terms they want and a judge won't set a consent order aside.

Here you are not even a party and have no right in the claim - so no you can not.

I am sorry if this is not the answer you want but bearing in mind this is a consent order and that you are not named party, this is the legal position.

If there you have any questions or if I can help you with anything else please let me know.


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Customer: replied 4 years ago.

I asked the land registry would they consider to reopen my land title number if I applied with additional information and supporting evidence.

They explained to me that they would have to contact their Lawyer to dicide whether or not I had grounds to apply for rectification of the closed title number.

My Question is, would the Land Registry lawyer consider reopening my title number even if I had good documentry evidence to support my application.

The land registry as closed the title number due to the County Court Consent order sent to them by the claimants solicitor.

so would the Land Registry Lawyer consider my application for rectification of my title with me being not a party to proceedings and not being represented by an solicitor at the mediation

 

 

Expert:  UK-Justice replied 4 years ago.
The problem is this - there is an order from the court.

The land registry lawyer can't go behind that.

If you were part of the mediation and did not agree you could have become a party or intervener.

The lawyer could consider reopening - but to what end?

I am sorry
If there you have any questions or if I can help you with anything else please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 4 years ago.


What would your professional oppinion be, if I wrote to the Land registry with my supporting information.


what percentage you would give me on succeeding with the Land Registry Lawyer of reopening my title number even with this County Court order Even if I did't agree with the mediation and stated I had become an intervener.


I have nothing to loose, is it worth price of a postage stamp and time.


Your honest oppinion would be very much appreciated.


Thank you


 

Expert:  UK-Justice replied 4 years ago.
I can't say what the chances are that would be unfair.

But you are right, you have nothing to do. They can only say no.

If there you have any questions or if I can help you with anything else please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice