How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
Type Your Law Question Here...
Ash is online now

i have just received a judgement from the County Court (Assist

Customer Question

i have just received a judgement from the County Court (Assist district Judge) he has added 2 very specific points to his written judgement that he did not give out in Court - can he do this??? what can I do about it?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question . My name is Jo and I will try to help with this.
In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Could you explain your situation a little more?
Customer: replied 3 years ago.

I was an application to suspend a possession order. This is not the first one. The Judge was very agressive which in my experiece is unusual. The hearing lasted 2 hours. In his summing up he suspended the warrant on two grounds however, when we received the written judgement about amonth later there are a number of statements that he makes (figues, dates etc) that are factually incorrect and he has added two points with regard to a further hearing we have that he did not mention on the day. Firstly, can he do this a secondly, what can I do about it.


Thank you

Expert:  Jo C. replied 3 years ago.
Sorry, this isn't my area if that was the application.

I'll pass this onto somebody else
Expert:  Ash replied 3 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

If the application was suspended why do you want to amend the Judgment? Did you not get a draft of the Judgment before it was handed down, or was it handed down on the day please?

Customer: replied 3 years ago.

The judgement that was handed down on the day did not include two specific points which relate to other charges on the property. The mortagee who is the Claimant in this matter and holds first charge keeps bringing them up pretty much to cloud the issue. The property is worth approx £700k the first charge is about ££350k so penty of equity. The mortagee is on a mission to get us out

Expert:  Ash replied 3 years ago.
Does the wording of the Judgment matter if the warrant was suspended please?

Customer: replied 3 years ago.

Hi yes very significant because it was suspended until a hearing tomorrow, not indef. as such these two points will not doubt be laboured on by the Bank. What I really need to know is can the Judge effectively 'add' these to his Judgement and Directions after the hearing.

Expert:  Ash replied 3 years ago.
These points were not raised or discussed at the hearing?

Customer: replied 3 years ago.

Yes they were bought up by the Bank in an attempt to 'blacken' our financial status. They were not however mentioned in the Directions at the time.

Expert:  Ash replied 3 years ago.
When you say Directions - what do you mean? Was this a final hearing?
Customer: replied 3 years ago.

No it wasn't I don't think I mean Directions. As I said the 2nd mortgage and a charge on the property was bought up by the Bank at the hearing. When the Judge summed up not mention was made of these however, the written order states that we have to take further information on these matters to the next hearing - if this had been bought up at the hearing we would have objected on the grounds that they are not relevant to the charge the bank holds, as 1st charge holder and equity of about £250k there is no risk to them it is purely a try at blackening our position.

Expert:  Ash replied 3 years ago.
I see, if the second hearing is some time away then you can write to the Court and ask the Judge to clarify as these matters were not brought up in the hearing, this could be an appealable point as this is an error in procedure. The judge is not entitled to take account of matters not brought up at a hearing. If the hearing is soon then you need to raise it at the hearing itself. If the decision goes against you then you should seek permission to appeal as the judge has erred by taking matters into account which were not raised. You should be then given permission to appeal which you can do,

If permission is refused you can still apply on the papers and if refused apply for an oral hearing. But the bottom line is a judge should not have considered matters which were not raised.

Can I clarify anything for you? Alex

Customer: replied 3 years ago.

Hi sorry, just to clarify they were bought up at the hearing by the bank but they were not mentioned in the Judgement on the day only the written Judgement which we received about 4 weeks later (3 days ago)

Expert:  Ash replied 3 years ago.
I see. It is something that can be appealed especially if there was no argument legally about it at the hearing. Alex

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice