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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello Alex Watts Could you tell me whether a decision of a

Resolved Question:

Hello Alex Watts
Could you tell me whether a decision of a judge in central London county Court could be appealed based on unfair trial?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** 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 : Could you explain why it was unfair please?
Customer:

Both my name and my friend's name were on the listing. I was really ill and could not go to the hearing. I sent an email to the court and explained although I knew it would not help but my friend went to the court. However the hearing supposed to be taking place at 10.35 am. He waited for a ling time and he was told there was no judge assign to this case and they are looking for a judge. He waited until 12 and told them can they find out what was happening as he had to go back to work and he believed that it should be adjourned as it suppose to finish by 1pm. At 12.30 the lady comes back and told him that the hearing has been going on since 10.35 and that lady made a mistake and the judge wanted to have a word wit him. He goes to the court room and he sees the whole team of lawyer and barrister had their case presented and the judge told him what have you got to say and he said what he had to say and also mentioned about me that I was ill. In any case the case was struck off to the request of claimant with £15000.00 solicitors fee. It was not our fault that the court made a mistake and he should have been present throughout the time the claimant was presenting their case to defend any misleading information. Is it fair that they had 2 hours of argument without him?

Customer:

2- Also the solicitor charges is totally incorrect as we do not know what they had charged for. I have no doubt they have charged me for all the management inquiries that the management that we pay high fees for should answer and passed it them. Several times I had reminded them not to send management inquiries to the solicitors. otherwise preparing a summons and a 10 line response to my counterclaim and two hours court should cost this munch?

Alex Watts :

Did you make a formal application to vacate?

Customer:

No my friend did not know about it

Customer:

what can i do now

Alex Watts :

If you did not attend then you can apply to set aside the Order

Alex Watts :

You need to make an application using form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

You need to set out why you could not attend and any medical evidence

Alex Watts :

But make a formal application to have the strike out set aside

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Ok thanks that's what I can do because I did not attend. How about my friend as he attended but only for 30 minutes for the reasons I gave earlier. Should he also apply separately to set aside the order because he was not given enough time or we both make the reasons in the same application as it relates to one property but under two names?

Customer:

Or is there other procedure for his experience?

Alex Watts :

If your friend is not on record then it does not count

Alex Watts :

They can not represent you

Alex Watts :

You can apply to set aside.

Alex Watts :

Yes your friend can also apply to set aside if named in the proceedings

Alex Watts :

Does that clarify?

Customer:

a) My question is do we go under one application to set aside or two different application. The case is about one address and problems with the flat and both of our name is ***** ***** same lease..

Alex Watts :

It would be one application

Alex Watts :

You can apply to appeal the entire Order or parts of it, but it is one case

Alex Watts :

Does that help?

Customer:

b) in relation to my earlier question about S20 notice, consultation for carrying out work, I explained that the scoop of work has changed. This will effect the quote in the notice. Does this amount should be significant to ask for a new consultation considering landlord knowingly misled lessees in this notice.

Customer:

Yes thank oyu

Alex Watts :

Well if the amount is different then yes, if higher a new consultation. If lower then not necessarily.

Alex Watts :

Does that help>

Customer:

The amount will be lower but they have deliberately misled the lessees. As before the notice indicated the repair of the windows are their responsibility and they do not need the leaseholders' consent, and quoted including repair of window frames. They have now reversed their position completely, stating that the lessees are responsible and either should repair it themselves or let us to do it in their behalf and charge them individually and if not they paint other windows that do not need repairing this will create a mess wit some windows down and some not and unreasonable cost. is it enough to go for restraining order.

Customer:

isn't it illegal to mislead in S20 notice? isn't that enough to stop them from continuing the work until a new consultation process took place?

Alex Watts :

Ok - if it is misled then a new notice needs to be given

Alex Watts :

They should issue a new notice yes

Alex Watts :

You could seek an injunction to stop them doing works until a proper S.20 has been sevred.

Alex Watts :

Does that help?

Customer:

Just to make sure I get it right even if the amount of the new suggestion of works is lower than the quote stated in S20 notice they served, I still have a big chance wining the injunction?

Customer:

Right?

Alex Watts :

I think so yes, if they have not served it correct and it is based on fraud.

Alex Watts :

Does that help?

Customer:

Yes thank you



Ash, Solicitor
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Experience: Solicitor with 5+ years experience
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