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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I requested that a judgement be set aside in a small claims

Customer Question

I requested that a judgement be set aside in a small claims court case for poor workmanship, after I contested it. The subsequent hearing was also lost. The mitigating circumstances for both were that I was hospitalised for four months and was unable to correctly respond to the court procedures and protocols.
I was never able to submit one single shred of evidence to the court, despite having photographic evidence and several witness testimonies - the decision went against me both times on a point of principle.
I agreed to pay a fixed amount each month (�25), despite the fact that my evidence has never been heard.
Is there any way that I can re-open the case and get a fair hearing of my evidence?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Was this dealt with at a trial please?
Customer: replied 1 year ago.
The case was heard in my absence since I was hospitalised at the time of the hearing.
After I requested the decision be set aside, the following hearing was conducted without the help of a solicitor and the judge found in favour of the other party as I had not followed court procedures.
Expert:  Ash replied 1 year ago.
Ok - then the only way you can re-open this is by way of an appeal.You can only appeal the decision, you can't have it dealt with by a District Judge.You need to complete form N164 assuming it was a small claim:http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/2197/n164_e0407.pdfThe matter will go before a Circuit Judge who will decide whether to give permission to appeal.If that is refused you can ask for an oral hearing. If its granted then you go on to ask for the appeal itself.If its refused then that is the end of the matter save for a final appeal to the Court of appeal.Can I clarify anything for you about this today please?Alex