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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I went to court last week against an ex employee who won part

Customer Question

I went to court last week against an ex employee who won part of her case against me. The judge awarded her part of the claim but the claimant had no proof. I now have until the 19th to pay the sum yet had I provided the correct documents I would have won. I was told by the court to file a document to set aside the case and it has now come back as that was the wrong document.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and 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 :

County Court I assume? What did you file to set aside was it form N244 please?

JACUSTOMER-jv6sf0x8- :

I was informed wrongly by the courts to file a N244. I have confirmation from the court on Friday they have received it. Yesterday (Friday), we called the court up and they said you need to fill in a form to appeal the judgement and file a fee of £120.00.

JACUSTOMER-jv6sf0x8- :

I filed the N244 last Friday the 6th June 2014 at 16:45

Alex Watts : Yes, if there was a hearing then it's not N244. That is for set aside where there has been no hearing.
Alex Watts : You need to complete form N161
Alex Watts : here is the link
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n161-eng.pdf
Alex Watts : If you did not ask permission in the hearing for permission to appeal you need to request it on this form.
Alex Watts : You can only appeal if
Alex Watts : A) the judge made an error in law
Alex Watts : B) the judge erred in court procedure
Alex Watts : C) the decision made by the judge was unreasonable.
Alex Watts : You ask for permission to appeal on the papers.
Alex Watts : If permissin is refused then you can ask for an oral hearing.
Alex Watts : If permission is refused here then you can only appeal to the court of appeal.
Alex Watts : If permission is granted then you go on to make the substantive appeal as to why the judge got it wrong.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-jv6sf0x8- : The judge did not take into consideration the following:-
JACUSTOMER-jv6sf0x8- : Point 4: the claimant is asking for £530.77 for unpaid wages. She has failed to provide the court or myself with proof she was owed this money. She has also fAiled to provide how she arrived at tbe figure as our accountant has come up with a completely different figure.
JACUSTOMER-jv6sf0x8- : We provided the court with documentstion stating that during the months of july, august, september and october she over paid herself. We ran new payrolls after she left and it showed she owed us money. As she has paid herself more money than she is owed this is technically stealing and we have informed the police that she has stolen the money. The judge was aware of allt his but decidedt o award point four in the claimants favour when she clearly has overpaid herself and owes the company money. Therefore the judge is at fault as she failed to take all facts into consideration. Also the claimant filed no documents and relied on the ccj order and our documentation. During the hearing the judge agreed with me that points one to three were awarded to me because i had all the facts but the most important part she ignored even thought here was evidence from our accountant
Alex Watts : Ok so you can appeal on ground c.
Alex Watts : You also need to ask the court for a transcript of the judgment as the appeal judge will need that.
Alex Watts : Use this form
Alex Watts : http://www.appletranscription.co.uk/Press/EX107_web_0509.pdf
Alex Watts : Can I clarify anything else for your.
Alex Watts : @ you? @
JACUSTOMER-jv6sf0x8- : So to clarify. I meed to fill im form N161 and then ask for the transcript of the whole hearing. I cant remember the judge's name but the court will have that information. How do i go about stopping the order from the court to pay her the mney which is due on Thursday. also as the court gave the wrong information originally and we complied with their original request of filling in form N244 and only after we chased it up did the court inform us they had given us the weong information. Also the judgement is against the company and me personally as a director yet she was employed by the company, how can i stop the judgement against me when she is clearly stating that if the company gets wound up I should become liable but. i as an individual did not employ her the company did. I need to stop the judgement against me and the judge again did not listen to this.
JACUSTOMER-jv6sf0x8- : also if we appeal and win does she become liable for all our charges like the appeal costs and the transcript costs or are these left for us to swallow. Also how do you report the judge for failing to listen as she was not interested in hearing about us telling her after she had given her ruling which is unfair. She clearly decided to ignore fundamentale vidence and chose to go on the claimants hear say with no evidence and this is wrong.
Alex Watts :

You need to apply in the appeal form, that you wish a stay of enforcement pending appeal

Alex Watts :

But yes you complete form N161 and ask for a transcript etc.

Alex Watts :

Sadly the counter at the County Court is not legally qualified.

Alex Watts :

You can only stop Judgment if you appeal - there is an order against you then you need to appeal it

Alex Watts :

If you win you can seek costs - yes

Alex Watts :

can I clarify anything else for you?

JACUSTOMER-jv6sf0x8- :

So if I take the documents down to the county court tomorrow and pay the fee what happens next. How does the claimant find out that I have filed an appeal form. Also as she was in charge of the payroll and overpaid herself, can I also report her to the police for stealing money. She overpaid herself by about £600 in 5 months. The original case was to claim the overpayment in lieu of her wages but if the appeal goes in our favour as it should do as we have all the right documents can I still launch a civil suit for the stolen money as the judge dismissed this as not part of the original claim or counter claim when it clearly was.

Alex Watts : The court refers the appeal to a judge to decide whether to give permission to appeal.
Alex Watts : You can report to the police also.
Alex Watts : you can launch a civil claim as long as it is not re litigating on decided matters.
Alex Watts : Can I clarify anything else for you?
JACUSTOMER-jv6sf0x8- : The civil claim is for the stealing. I still need to know the following. She filed a county court order originally against me personally and for the company, do I need to appeal both and why did she do this as the company employed her. This now means i have a judgement against me personally when i did no wrong.
Alex Watts :

1. If the Judgment is against both of you yes, you need to appeal both

Alex Watts :

2. You are employed by the Company, so you need to appeal the Company and personal Judgment'

Alex Watts :

Does that clarify the position for you?

JACUSTOMER-jv6sf0x8- :

I was company director but she filed the same case number against me and the company for the same amount.

I take it she is saying well if you wind the company up I will make you personally liable. This cant be the case as if I had a case against the COCA COLA company, I could also take the director to court. I need to set aside the judgement against me as if I wound the company up she should not be able to come after me as it is a limited company that is employing her.

Alex Watts :

Yes it would be the Company that would be liable/

Alex Watts :

But this is why you need to appeal and take the steps I have outlined above

Alex Watts :

Does that clarify?

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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