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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am being sued of character. There was a

Resolved Question:

I am being sued for defamation of character. There was a hearing in October which wasn't completed and has been called again in January. The claimant has now requested a new judge which is being heard tomorrow, I have received a letter about this but wondered
whether it was imperative that I attended?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Do you object to the application? In other words do you have any concerns if the application is granted and a new judge is appointed to the case?
Customer: replied 1 year ago.
Not really, I don't think he has any grounds to ask for the judge to be removed. The case is rather complicated with 6 separate defendants all along a common thread. The DJ found in favour of the first 2 defendants and heavily indicated that he should consider withdrawing his remaining applications which the claimant refused to do. The strange thing is though that the DJ who is hearing the application tomorrow is the same DJ who heard the initial cases.
Expert:  Jenny replied 1 year ago.
It is not imperative that you attend as it is not your application. The benefit of attending, if you object, is that the judge can consider your point of view on the matter. If you do not attend then the judge may be more likely to find in favour of granting the application on the basis that you have not objected to it. If you are concerned about costs then you can apply for costs to be awarded in your favour if the application fails.
Customer: replied 1 year ago.
Ok, so it won't be frowned upon if I don't attend.IMO the whole application is a complete waste of time, I have already had to take one day to go to the initial hearing and will have to go again in January. The total cost to the claimant for the first 2 cases was £144,000 and there are still 4 to hear. He has made it clear that he cannot afford this and indeed has no intention of paying it and hence any attempt to recover the costs will be in vain.It is for this reason that I am a litigant in person for this particular case, I don't mind going but would rather not if I can help it. My only concern is will my no appearance have a negative effect on me?I'm also a bit confused as to why the judge he is applying to get removed is hearing the application tomorrow?
Customer: replied 1 year ago.
Have you opened the attachment?
Expert:  Jenny replied 1 year ago.
Yes I have opened the attachment. what do you mean by frowned upon? In connection with the application it is definitely better if you can attend to attend as you can put your objection to the application forward. If you are not bothered if the outcome of the application is that it is granted and the case is moved to another judge (which is why I asked the initial question) then there is no need to attend. If you choose not to attend the application then it will have no bearing or put you at any disadvantage insofar as the full hearing is concerned. You can make a written representation to the court to consider in regards ***** ***** application if you wish on the basis that you feel that the cost of attending is disproportionate and you are concerned that you will not be able to claim costs against the claimant for the reasons you have given above.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Do you still need help and if so what is it you would like to know please?
Customer: replied 1 year ago.
Yes please, could you give me your take on the question please. I believe I have spoken to you before :).
Expert:  Ash replied 1 year ago.
Yes you should attend.
I have been before DJ Ingram many times and she is a lovely Judge and very knowledgeable. However the way of dealing with this would be by way of Appeal or complaint to the judicial conduct investigations office. It should NOT be made by application because as the trial Judge of course its going to go back before the same DJ because the matter is part heard.
You should attend but from what I have seen, it is without merit.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
You are right, I was very satisfied with DJ Ingram. However, I can understand why the claimant is trying it, it is quite a complicated case with 6 individual applications all around the same theme. Two of the applications were heard in October with the claiming being told to pay a total of £144,000 in costs with the other 4 cases deferred until January as we ran out of time. However, DJ Ingram advised the claimant to consider withdrawing the applications which he refused to do.The claimant's case is exceptionally weak and hence he is litigant in person as I do not think he can find a professional who is willing to take it on. One of the applications was struck out as he had served the particulars of claim incorrectly, via e-mail rather than by post. His actions are littered with procedural mistakes, would this be another one? Has he simply followed an incorrect cause of action and the hearing will be very short?Attending will be costly for me and I am convinced that the claimant will become bankrupt and hence I will be unable to recover any costs incurred. I am reluctant to attend if it is superfluous?
Expert:  Ash replied 1 year ago.
Ok, if you dont want to attend you dont have to. If the Claimant applies and you loses then you can claim costs if you wish. But if you are not concerned, just drop the Court a letter saying its a matter between C and the Judge and you mean no offence by not attending.
Does that clarify?
Alex
Customer: replied 1 year ago.
I am just concerned that not attending will have a negative impact on the general case?Will this be a very quick hearing? I am struggling with the fact that DJ Ingram will be hearing this application, surely she's not going to deem herself incompotent and take herself off the case?
Expert:  Ash replied 1 year ago.
Yes, it will be 30 mins because that has what has been asked for. I can't say why the DJ is hearing it, unless one of her colleagues has listened to the tape and said nothing is wrong.
Does that help?
Alex
Customer: replied 1 year ago.
You are extremely helpful!Will I be required to say anything at the hearing or just be present and observe?
Expert:  Ash replied 1 year ago.
Probably not required to say anything as its between the Claimant and Judge!
Does that clarify?
Alex
Customer: replied 1 year ago.
That's what I was thinking, my presence would just be as an interested party and out of politeness?
Expert:  Ash replied 1 year ago.
Yes.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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