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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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About a year ago, a finance company made a claim against me

Customer Question

About a year ago, a finance company made a claim against me for damages in connection with a money matter. I opposed the claim.
At the hearing, HHJ A decided against me. In the process of appealing from the decision, by an error of the court I received a copy of HHJ A's handwritten annotation of my Application Notice on which the judge had written that the claim was NOT for damages (it was) and substituted a claim that was not before the court - so the judge found against me on a claim of the judge's own making.
I complained about this judge to the OJC and it took over a year for the complaint to be finalised with the usual result that the judge did nothing wrong (I have learnt that it is pointless complaining about a judge because the OJC always finds a way to show that the complaint was unfounded).
Anyway, I appeared before this same judge recently and the hearing proceeded without the judge acknowleding prvious knowledge of me or that I had made complained to the OJC. I was concerned that the judge would not be independent or fair because of my complaint to the OJC, and was not surprised by the decision that bore no relation to the evidence.
Was there a conflict of interest that should have resulted in the judge choosing not to hear my new matter? Could the decision this time be challenged on the basis of an undeclared conflict of interest?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Have you appealed that decision?
Customer: replied 1 year ago.

I have up to another 14 days to appeal and intend to.if an appeal would have merit.

Expert:  Ash replied 1 year ago.
On what basis did the judge say your claim failed?
Customer: replied 1 year ago.

Which claim, that of 2013 or the recent one?

Customer: replied 1 year ago.

Alex; have you abandoned the work? Where is your response to my question?

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