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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was declared personally bankrupt over a disputed debt

Resolved Question:

Hi, I was declared personally bankrupt over a disputed debt to a supplier of a limited company I was the owner and a director off. I had challenged on the grounds of the original signed personal guarantee was not produced either on previous request or in court. I appealed on grounds that, "it ought not to have happened" and won that appeal on both the fact that the original personal guarantee was not produced and the service of papers was deficient.
The effect of the bankruptcy was that I had to close my business due to alcohol Licencing law restricting a bankrupt from running a licensed premises.
Although I won the appeal, my business is lost and my income gone. I have lost a six figure sum of money that I had invested in the business over the last 2 years.
Can I claim compensation against the judges decision.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Did you Judicially Review the Courts decision?
Customer: replied 1 year ago.
No just appealed on grounds it ought not to have happened and was successful.
Expert:  Ash replied 1 year ago.
Ok. If the Judge was negligent then you could possibly claim compensation. However because you are suing the Crown in effect you would need permission to do that.
Then once you are given permission you would issue proceedings against the Ministry of Justice. But in theory you could sue the Court Service yes. You can't sue the Judge personally as they are an employee of the MoJ and as such the employer is vicariously liable.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Yes please, how do I go about getting permission to sue the crown. Sorry I didn't mean that I wanted to sue the actual judge though that would be nice.
Expert:  Ash replied 1 year ago.
You need to make an application on form N244:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
Does that help?
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 you have not done so already 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.

I am actually reading the notes on how to fill the form that you advised in.I am still not sure if it is the appropriate form. Once I have more information I will be in a better position to decide the way forward,Thank you

Customer: replied 1 year ago.
Hi Alex, I'm struggling with this form as it doesn't seem to give me the options to do what you suggest.
Am I missing something?

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