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.
Did you make an application to adjourn the hearing? Was that before the hearing on a formal application? Or did you just write to the Court and ask for it to be adjourned please?
it was a formal applicaitonon form N244
there was no reference to it in the decision, the decison just said claim stuck out
Sadly you can only appeal.
But you can only appeal if:
1) there was an error in law,
2) there was an error in court procedure,
3) the decision made was one which no judge ought to have made
Here you sadly have made an application to adjourn and it was refused
You can't issue proceedings again as it would be abuse of process
So all you can do is appeal - but I can't see how you have grounds
You can't appeal just because you do not like the decision
so what can i do to get my money from the company
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Sadly now nothing
You can only appeal, but you dont have grounds.
You could potentially ask for the claim to be reinstated but you need very good reasons.
Can I clarify anything for you?
what if i file a seperate action for breach of contract
If its out of the same facts then it would be an abuse
it just seems abit unjust that the court has not considered the case on its merit and there is nothing i can do
Yes I would agree.
Can I clarify anything else?
no, thank you