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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I would like to ask Clare: If a defendant requests a stay

Resolved Question:

I would like to ask Clare:
If a defendant requests a stay and pays the court fee and the judge agrees to written representation.
Then the other party objects and the judge agrees to a hearing.
The defendant spends time preparing for the hearing and waiting weeks to be told the date of said hearing.
How can the judge suddenly change his mind and dismiss the stay without a hearing?
Can the defendant object, particularly if the judge has got his facts wrong?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question and for asking for me
I will do my best to help you but I need some further information first
For clarity - a Stay was applied for, the other side objected and the Judge dismissed the application without a hearing - is that correct
Clare
Customer: replied 2 years ago.

No. The judge advised there would be a hearing at a later date, to be arranged. Then changed his mind some weeks later and simply said it was now dismissed.


Expert:  Clare replied 2 years ago.
Hi
Did the defendant write and ask the reason for the decision?
Clare
Customer: replied 2 years ago.

The judge's reasons were on the court advise form:



LeO did not have jurisdiction. (D asked for the stay to allow LeO time to investigate) And the claim dated back to 2004.



The claim, in fact, dated from 2014 and LeO have since confirmed that they DO consider that they have jurisdiction and only gave way because the case date was now getting so close.


Expert:  Clare replied 2 years ago.
Hi
When was this?
Clare
Customer: replied 2 years ago.

Nov' 2014.

Expert:  Clare replied 2 years ago.
Hi
Did you appeal it at the time?
Clare
Customer: replied 2 years ago.

Did not know we could and would not have known how to.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that it is too late to take any action about this now.
However had you acted at the time you could have written and asked for the hearing to be reinstated
Please ask if you need further details
Clare
Clare and 2 other Law Specialists are ready to help you