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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, THREE YEARS AGO I WAS SERVED WITH COURT PAPERS, RE A COURT

Resolved Question:

HI,
THREE YEARS AGO I WAS SERVED WITH COURT PAPERS, RE A COURT HEARNG AT SOUTHWARK COURT LONDON , TO APPEAR IN COURT IN A DISPUTE I HAD WITH ANOTHER PARTY. STRAIGHT AWAY I CALLED THE OTHER PARTYS LAWYERS AND TOLD THEM I WOUD BE N HOSPITAL ON THE DATE IN QUESTION AS I HAD TO HAVE A SERIOUS OPERATION FOR LUNG CANCER ,WHICH DID HAPPEN AT GLENDFIELD HOSPITAL. I FOLLOWED THE CALL UP WITH A E.MAIL AND LETTER ,SAME DAY AS CALL AND ALSO ENCLOSED HOSPITAL ADMITTANCE FORM AND DOCTOR FORM AND TOLD THESE LAWYERS THAT I COULD NOT ATTEND COURT AT THAT DATE AND TO PLEASE NOTIFY THE COURT,AND THAT WHEN I WAS 0UT OF HOSPITAL WOULD CONTACT THEM, I WAS IN HOSPITAL FOR NEARLY 3WS AND HAD NEARLRLY/THREE QUARTERS OF MY LEFT LUNG REMOVED AS THE CANCER WAS MALIGNENT. SEEMINGLY THE CASE STILL WENT AHEAD AND THE JUDGE SIGNED MY SHARES OVER TO THE OVER SIDE.THIS DECISION IS COSTING MYSELF AND CHILDREN DEARLY AND I JUST CANNOT BELIEVE THAT A ENGLISH JUDGE WOULD LET A TRIAL GO AHEAD WITHOUT THE MAIN DEFENDENT NOT BEING THERE OR SIGNNG MY SHARES OVER TO THE OTHER SIDE KNOWING I WAS SERIOUSLY ILL IN HOSPITAL.AND NOT ABLE TO DEFEND MYSELF. MY OWN FEELINGS ARE THAT THE OTHER SIDES LAWYERS DID NOT INFORM THE COURT OF MY PROBLEM, ANY ADVICE WOULD BE WELL APPRECIATED, ***** *****....E.M. RAYMONDADAMS @BTINTERNET .COM
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now plss
Alex Watts : for now please let me know whether this was a civil or criminal matter?
Customer:

CIVIL MATTER ,

Customer:

DISPUTE BETWEEN MYSELF AND ANOTHER PARTY

Alex Watts :

Ok, when was this hearing please?

Customer:

THREE YRS AGO

Customer:

SORRY ALEX WATTS MY SON CALLED ME FROM PORTUGAL

Alex Watts :

When was the hearing?

Alex Watts :

Please turn off CAPS as it looks like you are shouting :)

Customer:

JUST CANNOT SEE HOW A CASE CAN GO AHEAD WITH THE ONLY DEFENDENT NOT THERE, HAVING INFORMED THE OTHER SIDES LAWYERS OF WHY COULD NOT ATTEND ,BY E.MAIL , LETTER AND TELEPHONE CALL, PREVIOUS TO THE HEARING, TOLD THEM TO INFORM THE COURT, LUNG CANCER IS VERY SERIOUS, I ALSO SENT THEM HOSPITAL ADMITTANCE FORM , AND DOCTORS NOTES

Customer:

caps now turned off , to old for these computers, need new glasses. ha

Alex Watts :

Ok, when was the case and when did you find out about it?

Alex Watts :

Indeed!

Customer:

week before going into hospital, maybe less

Alex Watts :

Ok, so rough dates?

Customer:

i can assure you ,noway did i want cancer or to go into hosptal, really shook me up i dont even like the dentist , but the hospital staff were brilliant

Alex Watts :

So you had a dispute 3 years ago which went to Court.

Alex Watts :

When did you become aware of the result?

Customer:

october 18th operation 2011

Alex Watts :

Yes, when did you become aware of the result?

Customer:

after came out of hospital nearly 3wks later but i stayed at my daughters as it was a big operaton

Alex Watts :

Ok, so you knew of the result in 2011?

Customer:

yes

Alex Watts :

Ok. Why therefore have you waited 3 years before considering appealing the matter?

Customer:

the shares were reg in deleware usa, there as court case in portugal going on as ts the family

Customer:

holiday home, plus deleware laws do only recognise thier own laws ,nobody elses

Customer:

am still attending the hospital as have emphsema as well, and the hospital are great and very caring and really look after me

Alex Watts :

Its bad news I am afraid. You can only ever appeal a decision within 21 days of the decision.

Alex Watts :

This decision was back in 2011 and it is now 2015.

Alex Watts :

Therefore you could have appealed over 3 years ago.

Customer:

it really upsets me to know that a court can do this

Alex Watts :

The Court will ask when you found out about this.

Alex Watts :

You said you knew about this in 2011 therefore any appeal date would run 21 days from date of knowledge

Alex Watts :

This still leaves that you are sadly 3 years out of time, given the delay

Alex Watts :

I understand the circumstances but given the time that has elapsed it is still over 3 years since you knew and you only have 3 weeks to appeal

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

i was more interested in keeping alive and notified the other side, surely they should have postponed the case, would have thought a judge would have done nowing i was ill and notified the other side previously

Customer:

iim sure the other side never told the judge i was ill

Alex Watts :

Indeed I understand. But sadly my view is has still been 3 years. You have significant delay to overcome.

Alex Watts :

You can of course try and appeal, but my view sadly is that given it has been 3 years it is not likely to succeed.

Alex Watts :

Can I clarify anything else for you?

Customer:

so decisions in court can be taking against you even though you are unable to attend and you hae good reason not to, ...unbelievable, what is the world coming to

Alex Watts :

They can, but that is why you can appeal. But the rules state you must appeal within 21 days.

Alex Watts :

You knew about this in 2011 and sadly my view it is too late now.

Alex Watts :

I am very sorry but I have to be truthful.

Customer:

thank you for your replies, enjoy your weekend

Alex Watts :

And you.

Alex Watts :

Is there anything else I can help with?

Customer:

not really, im just gutted, no justice in this world,

Customer:

take care,

Alex Watts :

I am sorry. If I could ask you to rate my service before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

And you, try and have a good weekend

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