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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am being taken to Court with regard a Private Water Supply,

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I am being taken to Court with regard a Private Water Supply, I cannot afford a Solicitor and am endeavouring to deal with this myself, the Solicitor acting for the Claimant did not file a document on time and the Court cancelled the Court Case. The Solicitor then appealed and sent in her witness statement saying I had not replied to her letters and e.mails and requested the case be re-instated. I sent my witness statement to the Court as I had replied to every letter and e.mail on time I sent evidence with my Witness Statement. A telephone hearing was set up and following a couple of questions the Judge asked if I had any objection to the case being re-instated, not wanting to be obstructive I said I had no objection. The Judge then mentioned to the Solicitor that she had read her witness statement, I then asked the Judge if she had read mine, she stated that it was not on file but she would ensure that the statement was put on file, the case re-instated. I telephoned the Court immediately and was told that they had not received my witness Statement, but I had tracked it on line and it was signed for at the Court. I then wrote a letter of complaint with all documentation to the Court Manager. After a month I had not heard anything and when I telephoned they said no letter had been received, I checked on line and again the documents had been signed for. I feel that the Judge should not have made a Judgement until she had read my witness statement and I feel that my case is being Jeopardised somewhat, any thoughts and is there a telephone number for the Court ombudsman. Kath Rees
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I clarify that no judgement has been given yet in respect of the claimants claim but rather only in respect of whether to reinstate the case please?
Customer: replied 2 years ago.

Quite correct, the Court case is not until September, my query is whether the Judge was correct in making her judgement to re-0instate without reading my Statement and why have two sets of documents disapeared after being signed for at the Court?

Expert:  Joshua replied 2 years ago.
Thanks. One final question if I may before I address your question. I note understandably that you are unhappy that the court appears to have lost your documents, twice from what you say, however in relation to your complaint about the judges decision, I note from what you say above that you expressed no objection to the case being reinstated. So leaving the administrative failures to one side for a moment if we may, could you clarify why you feel that reading your statments before deciding to reinstate would have made a difference to the judges decision if you did not object to the case being reinstated in any event?
Customer: replied 2 years ago.

I assumed that the Judge had read both witness statements and was happy to re-instate, If I had known that she had not read my statement I would have objected to the case being re-instated. It was the Solicitors error in not replying to the Court in time, not mine. The Solicitors Statement was a fabrication of the truth.

Expert:  Joshua replied 2 years ago.
Understood - thank you for the clarification. It is quite possible to complain about a courts administrative processes. It is not however possible to complain about a judicial decision - this is to preserve the independence of the judiciary. If you have a complaint about a judges decision, the only way to complain about it is to appeal the decision.However as above it is possible to complain about failures in court administration which is the case here from what you say. To do so you first submit a formal complaint to which the court must send a formal response. If you are not saitsifed with the response, you can ask for a review by a senior manager. If you remain unsatisified with the senior managers decision, you can appeal to the Communications and Customer Service team who should reply within 15 days. If you remain unsatisified you may be able to refer your complaint to the Parliamentary and Health Ombudsman though you fo complaints about courts you nomally have to cotact your MPs office to request that they refer your complaint to the Ombudsman on your behalf as the Ombudsman will not typically accept complaints about the courts service directly from the public. http://www.ombudsman.org.uk/I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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