How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

My partner has just received a summons to an Oral hearing

Customer Question

Hi,
My partner has just received a summons to an Oral hearing in central London, Looking on the summons we saw it was her housing association.
We rung them and finally we got through to someone and we asked why we had not received any papers and why was it miles away? They were abrupt on the phone but finally they have sent the papers and a witness statement.
I have a number of questions re this matter.
Firstly why would it be heard so far away.
They mention written complaints in their statement can we ask to see them as they are not included?
They use picture as evidence but there is no times etc and it is important to the case as when and who took these photos. Can we ask to see the properties of the pictures or have the electronic file?
They mention site surveys done but again do not include them can we ask for them?
Also the mention health & safety breaches but do not say which laws I presume we can ask specificaly which ones they are talking about?
I also presume we can put a counter agument for harasment as a sort of counter claim?
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
For now please let me know whether you had ever received the claim form?
Customer: replied 1 year ago.

We did receive a claim form that was submitted to the local court but only got it with these papers we just received claim was put intop court back in febuary

Expert:  Ash replied 1 year ago.
Did you submit a defence?
Customer: replied 1 year ago.

No as only got the papers last week

Expert:  Ash replied 1 year ago.
What was the claim about a sum of money owed?
What is the oral hearing for? Is it a trial?
Customer: replied 1 year ago.

Hi,

They are trying to get an injunction due to allergations of leaving a baby buggy in a comunal space in a shared ownership house with 3 flats in it.

Expert:  Ash replied 1 year ago.
Ok - so you have been asked to go to a hearing for the Court to consider the application, is thats right?
Customer: replied 1 year ago.

yes it states an oral hearing in early july

Expert:  Ash replied 1 year ago.
Ok, this is a first hearing. At that the Judge will see whether it is defended and if so allow you to file a defence and set the matter down for a final hearing to decide the injunction,
However it should be transferred to your local County Court. It may be that this one is, but if not then you can ask that it is transferred at the same time. You may be entitled to legal aid to help with representation but that depends on your circumstances.
But the hearing is a first hearing so no order will be made final then.
Can I clarify anything for you about this today please/
Alex
Customer: replied 1 year ago.

So just to be clear.

We should write to the court asking it moved back to the local court.

and

We dont need to file a defence yet and just appear in court and i presume if the judge says this to go further we can then ask for a complete disclosure of the papers i stated.

So we need not do anything else at this time except ask the case to be moved to the local court?

Expert:  Ash replied 1 year ago.
You should attend, not just write. The judge can and will order disclosure.
Alex
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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice