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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello there! I obtained a County Court judgement by default

Resolved Question:

Hello there! I obtained a County Court judgement by default and the defendant has lodged an application to set aside. What are valid grounds to have that application heard at my local court rather than his? Thanks. JS
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX 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. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Is the Defendant an individual or Company please?

Customer:

The defendant is an individual, he was trading under another name from an address near me and that is where papers were served.

Alex Watts :

If he is an individual then it automatically gets transferred to his home Court.

Alex Watts :

This is the Court rule

Alex Watts :

The Rule states:

Alex Watts :

13.4

Alex Watts :

(1) Where –


(a) the claim is for a specified amount of money;


(b) the judgment was obtained in a court which is not the defendant’s home court;


(c) the claim has not been transferred to another defendant’s home court under rule 14.12 (admission – determination of rate of payment by judge) or rule 26.2 (automatic transfer); and


(d) the defendant is an individual


the court will transfer an application by a defendant under this Part to set aside(GL) or vary judgment to the defendant’s home court.

Alex Watts :

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

Alex Watts :

Can I clarify anything for yo about this today please?

Customer:

I understand the case is transferred to the defendants local court, are there any valid grounds to apply to transfer the case to my local court? We are some 165 miles apart and he was trading near me, thanks

Alex Watts :

No. The rules are clear.

Alex Watts :

But if the application is lost you can claim £90 loss of earnings and 45p a mile for travel.

Alex Watts :

I am sorry this is not the answer you want but I have a duty to be truthful.

Alex Watts :

Can I clarify anything else?

Customer:

Does an application to set aside need to be defended in person or can I send a statement and evidence? thanks

Alex Watts :

You can send a statement but its best to go if you can.

Alex Watts :

The Defendant has to show they have a real prospect of defending the claim

Alex Watts :

The threshold is fairly low, so if there is an arguable case it will be set aside.

Alex Watts :

Bearing in mind this hearing won't be the trial - just the application to see if there is any defence

Alex Watts :

Can I clarify anything else/

Customer:

Last question! once set aside can I apply for it to be transferred to my court? thanks

Alex Watts :

You can try but it wont be because of the rules I have outlined above.

Alex Watts :

It will be held at the Defendant's home Court.

Customer:

Thanks for your help. disappointing answers, cant be helped! have a good weekend

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