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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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We lost a case through default judgment we didn't know we were

Customer Question

We lost a case through default judgment we didn't know we were being taken to court and as a result have had their legal fees and damages to pay despite the fact if we had known we would have won. The case obviously found in their favour and as a result we not only lost some of our land due to their expert witness stating it was theirs the court judged what their expert witness had said despite the land being nowhere near their land and our tree stumps are still in the ground that their witness missed, this was followed by a trespass order for our belongings now being on his newly acquired land despite this land being in our own personal possession for over 12 years. We now have appointed a rics surveyor for an adjacent property to determine the boundary and he has as we are not surprised completely contradicted the one they had done that lost us the land, and as such we would not have been done for trespass. Do we have any action of recourse ? This new evidence supports what would have been our defence and is regarding a separate property than the one we had the dispute with.
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to help you with this. Judgements in default can be set aside upon application by you. This is the relevant part of the Civil Pocecure Rules. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.1 It is very important that you do this quickly.