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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Just had a judgement in favour of the Claimant reversed. The

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Just had a judgement in favour of the Claimant reversed. The basis was that the many documents that I had served were served to an address for the Defendant that was not on the Court records. BIG lesson learnt!! The defendant claimed that he had received zero communication until he was issued with an order to attend court for questioning. I am interested to learn a bit more.
On being confronted with a Directions Questionnaire the Defendant’s response was to send a revised Defence to the Court and ignore the need to complete the Direction Questionnaire. Within this revised defence he stated a new UK address for communication. Further in his cover letter to the Court he explained that he was going overseas, provided an overseas address and also said that Mail sent to the new UK address on the Claim form would be forwarded/brought out to him. I unwittingly assumed that this new Defence to Claim and the address was where I should be sending correspondence as the Court would revise the communication address accordingly. Obviously not the case. What would the legal process be? Is it that the Court would have advised me formally that there was a change of Defendant’s address and so until court notification I should have just continued with the original address as per the first Defence of claim? I guess that is the case. Is it a letter sent from the defendant to the Court in this instance advising of an address change, or is there a court form that needs to be completed?
Also after the event, I was thinking about this and although technically my communication was null and void, the Court’s communication (Defendant’s failure to complete the Directions Questionnaire, Judgement in Claimant’s favour) would have been served to the address on the Court file. The Defendant made some claim of Post Box being broken into etc etc.
Obviously technically I did not comply and so I am now back to the beginning of the process. Really annoying.
Just interested to learn from this. Thanks Pete
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
I can imagine this is annoying - what is it specially you would like to know?
Customer: replied 1 year ago.

Is a letter submitted to the Court advising of a change of address for communication regarding an ongoing claim sufficient or is there a Court form that needs to be submitted in order to make such a change happen?

Expert:  Ash replied 1 year ago.
There is no Court form needed.
Usually a party just write to the Court. It is only where there is a change of legal representative or going to in person does a form need filling out.
Does that help?
Alex
Customer: replied 1 year ago.

Would I expect the court to notify me in writing of this change? ie I should continue to use the original address until formally advised of the change?

Expert:  Ash replied 1 year ago.
No. The court would not necessarily notify you of the change. However the other party should.
Does that help?
Alex
Customer: replied 1 year ago.

Yes the other party advised me by copying me on the correspondence sent to the court and hence I changed the address for communication. I wrote a witness statement and referred to the Defendant's submission of Defence where he advised of a change of address. I did not include it as an exhibit though as it is the Defendant's Defence and Counter claim ie a court form. Is this correct ie it is a court form and therefore I should not include it as an exhibit?

Expert:  Ash replied 1 year ago.
You should still exhibit something you want to rely on.
Alex
Customer: replied 1 year ago.

Practice Direction 32, Court documents must not be exhibited.

Need your help with the definition of 'Court Documents' is it:

ONLY documents (communication) raised and issued FROM the court to parties as these will obviously be on file.

ie it does not include Court Forms which will have been completed and submitted to the Court by the parties?

Expert:  Ash replied 1 year ago.
Correct. The Court will have those forms. But you can also include them in a statement if you are going to rely on them.
Alex
Customer: replied 1 year ago.

So that it is crystal clear for me.

I do not Exhibit a document that has been issued to parties from the Court.

I can if I wish Exhibit a court document completed and submitted to the Court by a party.

Expert:  Ash replied 1 year ago.
Correct.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

grrrrr. Know that now. I know I need to make it easy for the judge but thought that referencing a document that would be in the Court file (the Claimant's revised defence) would have been sufficient. The judge stated that the address on file was the original address and so that was that.

Just venting my frustration. Anyway hard lesson. Obviously not expecting an answer :-)

Thanks

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
Customer: replied 1 year ago.

Sorry to add to this but I need to learn from this.

The judge said that as the case had been transferred to the Court we were in from another court much of the documentation was electronic, at least that is how I interpreted what he said. He then proceeded to say that what he had in his file had the defendants address in St Helens, Merseyside (that would likely be the case as the Defendant, when he issued his Request for a hearing to have the judgement reversed issued this with a correspondence address of St Helens). However form the Defendant's first defence sent to the Court he stated his address for the issue of Notices as being a London address which I duly sent all documents to and I presume the Court must similarly have sent any Court Notices to as the Defendant's St Helens address only came to light when I knew he was there (recently) and advised the Court Bailiffs that this is where he would likely be in order for him to be served with a notice to attend court for questioning. It was after the visit from the Court Bailiff that the Defendant requested a Hearing to reverse the Judgement and stated his St Helens address.

I told the Judge that I sent all paper work to the address that the Defendant provided in his defence. (This is 100% factual). The Judge said that that address was not what he had in front of him. I didn't feel in a position to argue with a judge, didn't think it to be my position or something that I should do. I just took it.

Question: Should I have been more vocal? Am I allowed to be more vocal in stating the position / the facts? I just sort of capitulated which isn't like me but I was in unfamiliar territory. Not great to back chat a judge!

For my learning

I now know that I should have Exhibited the Defendant's defence statement contain the details of the London address which would have put this fact right in front of the judge.

Question: Is the above failing the issue here?

Expert:  Ash replied 1 year ago.
Yes you should have been more vocal. d provided the address for service.
Alex
Customer: replied 1 year ago.

Mmm need to man up then :-) will bear that in mind for round 2.

Thank you for the advice. Pete

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