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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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a county court case has been dismissed because neither party

Resolved Question:

a county court case has been dismissed because neither party attended, at a previous set aside hearing the judge asked both partys if it would be acceptable to hear the case with out atteding this was agreed and documented on set aside document, what should I do, is it possible for this case to be still heard?
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 :

Was it a small claim please?

Customer: Yes it was a small claim in the county court, the original claim was awarded to myself on the grounds that the defendant did not reply to the court in time, the defendant then applied for a set aside which was granted with conditions, ie monies lodge with court, and it was agreed that the case could be read without either party, which is also in the conditions.
Alex Watts :

What does the Order actually say please?

Customer: Sorry for delay, para 3 as written, both parties having agreed to the claim being disposed of without a hearing, it then lists certain criteria to comply with, I trust this what is required, yours faith
Alex Watts :

And then the most recent order, what does that say please?

Customer: Case dismissed! No further information, the further explanation was explained to me by a court official over the phone, apparently on the notes it says, reason for dismissal neither party attended.
Alex Watts : Ok. Was it a small claim?
Customer:

Yes it was allocated to the small claims track.

Alex Watts : Ok. Then you can apply to the court under civil procedure rules part 27.11 to have it reheard.
Alex Watts : The judge obviously made a mistake about the non attendance.
Alex Watts : Therfore you should write and make an application using form n244 to have the matter reheard.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Sorry one other thing on this, is there a time limitation, the case was dismissed on 13th March 2014, I received post notification of the judgment on 20th March 2014, I wrote to the court and posted on 20th March 2014, I will now send N244 on Monday24th March 2014, is this ok?

Alex Watts : That is fine.
Alex Watts : Does that help a.
Customer: Thank you for the excellent service!
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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