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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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At a hearing on the 7th August, a Judge said very clearly to

Customer Question

At a hearing on the 7th August, a Judge said very clearly to the Defendant that although the Schedule stated that there should be no damage to the windows, that he should expect some damage and that he did not want to see Mr. O.... or his windows back in court again.
Three months later, I am back in court at a hearing accused of being in breach of contract as Defendant claimed I had damaged his three windows. I cannot understand why a district Judge would give a very clear Judgement and for a Deputy Judge to completely undermine the original judgement? The law is so weird
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you would like to know about this please?
Customer: replied 1 year ago.
Hello Alex - I am just going to leave things as they are. I was very angry when I arrived back from Court yesterday. I could not understand how a District Judge can say one thing that he did not want to see the Defendant back in court, and yet a Deputy Judge could decide that the Defendant could go back to court and get a revised figure in order to reduce the original settlement. In order for everything not to be resurrected next year, and this would cost more money and time, I have accepted a compromise on the proviso that everything is now settled... for good. It was supposed to be a small claim, but the Defendant had one of the largest firms of lawyers in the country behind him, and I was representing myself. The odds were well stacked against me, but thankfully the first Judge saw through the Defendant. However, I must now put it all behind me, and the not so nice Deputy Judge yesterday. Her expertise is family law, not small claims, so really I was snookered from the outset yesterday.
Expert:  Ash replied 1 year ago.
Ok - so you dont need to ask me anything? I can tell you if you have grounds for appeal.
Customer: replied 1 year ago.
Thank you, ***** ***** I am going to walk away from this now. It just is not worth the Court's time who have made it clear that enough time has been spent on this case already. I do realise that this kind of thing is a bit of a lottery especially where presiding Judges are concerned, and because the Judge yesterday was familiar with Family Law, she did not have the experience of small claims cases. I believe that is the reason she took the view that it was best just to deal with the Hearing straight down the middle and come to some kind of arrangement whereby the case could not be resurrected by the Defendant again, but only by me should he fail to pay the money on the due dates. The sum outstanding is just £600. The Defendant wanted to be released from that. I disagreed. There then is an impasse. We then had to negotiate. I offered £50 off, the Defendant wanted to be released from the £600, so the difference was split down the middle, leaving just £275 to be repaid to me, so effectively I lost out by £325. He had to pay his own hearing costs. I realise I can appeal, but it just is not worth the hassle, etc. I have a life to live!
Expert:  Ash replied 1 year ago.
Ok. good luck.
Alex

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