my name is ***** ***** I will help you with this.
I assume it was Judgment in default of a defence.
Therefore you need to tick:
1) District Judge
2) WITH a hearing
The Court will never set aside a Judgment without a hearing
Time estimate - 1 hour
Can I clarify anything about this today please?
, they were 2 defendants in the case. One of them me. I was sick and have a doctor's letter. The other defendant was in the court waiting hours but was told by the court officers that there were no judge assigned and kept asking him to wait. However while he waiting in the court the claimant was presenting their case to the judge with the defendant present. the court only realized their mistake 30 minutes before the hearing ended and the defendant had only had 30 minutes to present their case while it seemed the judge had already relied to the information the claimant barrister had given to him. since this is the court's error, and both parties were not treated the same and one was given more time without defendant to present his case, do I still need to be in the court?
So there was a hearing then?
also the claimant has charged legal fees of £15000.00 in a small claim compensation court which is very unusual.
In which case its not a set aside, it is an appeal
If it was a small claim then you need to appeal on a particular form
Its not set aside because there was a hearing
Its form N164
I wrote to the court to ask to set aside the Order but they told me to fill the N244 form.
Its not set aside. There was a hearing so its an appeal
The Court staff are not legally trained
so i have to appeal the order?
Yes, there was a hearing
The hearing was July last year. Aren't I too late to appeal?
You need to seek leave to appeal of out time. You only have 21 days
So i cannot appeal any more?
You should file the form, at worst permission is refused
I should also say that my letter to request judgment to be set aside was referred to the judge by the court officers and he said I have to apply through n244 form>
Ok - if you want to use form N244 then do so
However it should be an appeal as there was a hearing
Set aside is usually when there was a matter determined on the papers
But you will need to address why you have waited since July to make the application
Whatever the merits of your application is, delay is your weakest point
I am only stating what the court said. Also I remember at the time when I raised this issue with me, you also stated that I have 5 years to set aside the order. I told you about the hearing. So forgive me if we have to ask several times.
Yes. Apply on N244.
Court orders are valid years.
But generally if you want to set aside you should do it without delay
Does that clarify?
well I wrote to them on 14th of september 2014. it has been dragged on as my claim was since it was the court error I should not have to pay >
Ah ok - that certainly helps
However you now say I cannot apply through N244 and have to appeal while before you said I could. If you do not mind could I have 2nd opinion on this?
how do I do that? just post the question again?
No I have opted out, so someone else may be along
so I don't need to post the question again?
Do i need to post this question again opinion or not?
Well Obviously i need a response so I have to wait. Thank you
Yesterday when I asked this question, I asked it from JGM, as he was on line and I was happy with his previous responses. He started working on my question but then Alex took over who I believe is your in house lawyer. I wanted JGM to respond yesterday. Why did you change him?
Well clearly when yo do not have an expert to respond, you should refund the payment or credit the subscriber's paypal;s account with payment. This happens a lot.