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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I just wanted to know if it is possible to appeal

Resolved Question:

Hello, I just wanted to know if it is possible to appeal against the decision of a judge to set aside judgement which was entered by another judge for a Small Claim in a County Court

Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Was it an appeal or application to set aside?
Customer: replied 1 year ago.

Judgment for entered in December in the absence of the defendant. The Court had served notice of direction of hearing to the defendant's solicitors. Neither the defendant, not the solicitors attended Court. When we tried to force judgment 30 days after, the defendant filed an application to set aside the judgment, saying he had never received the papers from the Court. The hearing to set judgment aside was today, the Judge confirmed that the notice for the hearing in December was sent to the defendant's solicitors, the defendant claimed that he had moved address and had dismissed his solicitors over a year ago, however the Court was not informed of this. The judge actually confirmed to him that the solicitors' firm was indeed still on the Court records, and that it would have been his duty to inform the Court as the papers were served according to the information held. However, since the defendant is actually disputing that he owes any money at all, the judge ruled that in the interest of justice he would be allowed to a fair trial and therefore ordered for the judgment to be set aside. My argument is that ignorance of law is no excuse, the fact that the defendant chose not to inform the Court that he was no longer using the firm of solicitors or that he had indeed moved address was neglicence on his part, not to mention that his application to set judgment aside was done after the time limit. The judge did not consider that this claim was filed 5 years ago and that in this period of time the defendant has done nothing more but to find excuses to delay the process. I was not given a chance to expalin my point of view today.

I would like to know if I can appeal to the Judge's decision to set the judgment aside and if so how and to whom.

Expert:  Ash replied 1 year ago.
Did the solicitors notify the court they were off record?
Customer: replied 1 year ago.

No.

Expert:  Ash replied 1 year ago.
It's bad news I am afraid. If the solicitors were not acting but then had not come off record then the court has to set aside. This is because the court needs to be satisfied that D was aware of the hearing. Solicitors would have been notified but not the defendant.
I am therefore sorry to say that while D had been negligent of not informing the court of a change of address the rules state that D must be aware of the heating.
I am sorry if this is not the answer you want and certainly not the one I want to give you but u have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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