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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I filed a money claim against a company owning me money, however

Resolved Question:

I filed a money claim against a company owning me money, however i was unable to attend the proceeding as i needed to be out of the country, I filed an application for adjornments explaining that i will be out of the country on the appointed date. However Upon my return, i found out that the judge had struck out the case.
Its now been 2months since my return, what can I do to claim my money from the company. do i file another case or seek to reverse the decision - as its been 2months since i came back, what can i do?

Im I allowed to file a new claim?
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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What was the value please?
JACUSTOMER-eya1vwev- :

£2,500

Alex Watts :

You are not allowed to file a new claim, this would be struck out for an abuse of process.

Alex Watts :

As it has been 2 months sadly you are out of time to appeal as that has to be done within 21 days.

Alex Watts :

If you said to the Judge that you would be out the country and filed a witness statement it can be considered on the papers.

Alex Watts :

If you failed to file a witness statement and failed to notify the Court and the other side that you would not be attending then the Court is quite right to strike out the claim.

Alex Watts :

The rules say you must notify the Court AND the other side of your non attendence.

Alex Watts :

Further you must have filed a witness statement.

Alex Watts :

If you did not do this, the claim ends and you can not do anything.

Alex Watts :

If you took these steps and the Judge struck it out you can ask for a re-determination.

Alex Watts :

But you must have taken the above steps.

Alex Watts :

Can I clarify anything for you about this today please?

Ash and 3 other Law Specialists are ready to help you