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My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Did you contact the court on the day to explain why you could not attend? Do you have evidence of the family illness?
I actually wrote to the court a week before seeking postponement and the claimant agreed as well. due to delay in making payment/ mis communication with court office my request went in front of the judge on friday ie 6th. the judge did not agree to postpone
So you made an application using form N244 before the hearing? On what grounds were you an adjournment?
i was out of the country on friday th june as i was told i will get a phone call from the office to confirm postponement. didnt receive the call came back on 16th to see the letter at home stating case not adjourned
i was travelling abroad
OK. I'm a little confused - I thouht you were unable to attend due to family illness?
sorry i said travelling abroad
OK. So just to be clear: you were travelling abroad so asked for a postponement but this was refused by the court?
so the question is can i apply for a re hearing
Understood. So was the application to postpone refused whilst you were out of the country?
i was away from 9th morning till 16th
i was waiting to hear from the court office as they told me that i would get a phone call to confirm as it was very close to the hearing the date
You can certainly make the application and ask for a nearing to state your case and reasons why you could not attend.. The Judge will have to decide whether your reason is sufficient to setaside the order and "re-open" the case.
so what should i write in the order paragraph in form n244
also my case was postponed initially pending hearing from judge maloney case
and now that case is in court of appeal
I can take you through the entire form and help you to complete it but suggest we speak on the phone. This will be quicker than typing plus you will get all the information you need. I have suggested a fee of $50 by way of additional services which will appear at your end.
i need to fill paragraph 3 and 10 3 being the order and 10 the reason
The application is for an order to set aside the order dated xxx. The reasons will be the reasons why you could not attend on the date in question.
what would be a genuine reason
set aside and reopen
r u aware about judge maloney case in cambridge
I can't make up a reason for you! You will have to explain why you couldn't attend and ask the Judge to accept that as your reason.
there is court of appeal i suppose i could use this as a reason as well.
The other case is not gping to be relevant to your non-attendance at your hearing.
I'm not sure how the Court of Appeal case will explain why you couldn't attend court.
but even if one cannot attend for any reason is there no possibility for a re hearing
do i need to attach flight tickets etc as proof
There is always the possibility of getting an order set aside. I'm not suggesting that you shouldn't make your application. But in order to succeed your reason will have to be compelling. The Judge will not set aside unless you can give a good reason for being unable to attend the hearing. You mentioned family illness - that's certainly a good reason. If you make a poor application and lose you could be ordered to pay the other party's costs which will add to the debt.
Why were you travelling?
lose after hearing
Yes - if you lose the application you cpuld end up paying the other side's additional costs in addition to the application fee.
if the judge agrees then there will be a re hearing. i need a chance to fight my case.