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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I was hospitalised on the day of my county court hearing. The

Resolved Question:

I was hospitalised on the day of my county court hearing. The judged awarded against me despite me emailing from hospital to ask for the case to be deffered as i couldnt atten. The court letter dtaed 5th of april which states i have a right toapply for an order to setm the judgement aside within 14 days (is that from the date of the letter or the day of the hearing) under rule 27.11. what can i do? I want to appoint a solicitor as I am dealing with my sick father following my mums death? I would be grateful for any help
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question. My name is XXXXX XXXXX I can help answer this for you.

tdlawyer :

You have the right to apply to the court, using form N244, to set aside the order that the court has made. If you are hospitalised on the day, through something unexpected, then I expect the court would set aside the order for you.

tdlawyer :

If you wish to apply to set aside the order, then you should complete form N244, and attach a short witness statement (or, alternatively, complete section C in the application form) and explain the nature of your hospital admission, the time when you were admitted, and the length of time you are in hospital for. In addition, you should attach copies of any medical certificates/documents that confirm your stay in hospital.

Customer:

Am i still within the allocated time frame? it stated 14 days, is that from the date of the notification letter.

tdlawyer :

If the letter notifying you was dated 5 April, then the two-week period will not expire until the end of next week.

Customer:

The claiment has instructed a solicitor and I cannot prepare myself properly due to looking after my father, trying to work etc, do you think it is advisable to instruct a solicitor to prepare my defence?

tdlawyer :

You need to make sure that you are comfortable with any court proceedings. It is always useful to instruct a solicitor if you can and I would always recommend doing this wherever possible.

tdlawyer :

The court system is full of rules and regulations and it can be difficult for people unfamiliar with the system.

Customer:

Thank you. As the judge has awarded against in your experience are these overturned or will i just attend another hearing for the judge to make his decision?

tdlawyer :

If you were hospitalised, then I expect the court will set aside the order and allow you the chance to make appropriate representations.

tdlawyer :

It would be harsh to do otherwise in most cases.

Customer:

Thank you and finally, where is it best to source a solicitor in my local area, Bromley, who would deal with this type to action?

tdlawyer :

I doubt you will have any difficulty whatsoever finding a solicitor to deal with this for you. Personally, I would do a search on the Internet, on Google, for solicitors in your local area. Then I would contact them, to discuss the issue briefly, and see which of them you like the idea of working with most.

Customer:

Thank you you have been extremely helpful, its a big thumbs up and money well spent!!

tdlawyer :

Thank you very much. There is a very kind words. I hope you succeed in any application that you choose to make.

tdlawyer :

Have a great evening.

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