How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jamie-Law Your Own Question

Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3249
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

LEGAL I issued proceedings in the county court to recover a

Resolved Question:

LEGAL
I issued proceedings in the county court to recover a debt on the small claims track.
The defendant did not file a defense in time and I managed to have judgment entered.
The defendant managed to get the judgment struck out on the basis that the papers were not served at the correct address.
I have now issued proceedings again in exactly the same terms as before. However, I have received a letter from the defendant saying that they have taken legal advice and that whilst the previous judgment was struck out the case is still live and that as I have issued proceedings again one of the cases must be withdrawn and that I will have to pay for their legal costs under part 38 of the CPR after withdrawing one of the cases.
My questions are as follows;
1. As judgment was entered and then struck out on the initial proceedings, would those proceedings still be live. The court did not write to say they were still live or to give a hearing date.
2. If those proceedings are still live, do I have to discontinue one of the cases or can they just be joined, or will the court simply cancel one.
3. If I discontinue, can I suggest that CPR part 38 should not apply because I did not receive any confirmation from the court that the case is still live or any hearing date and this has been over 10 weeks now.
4. Finally, if both cases are now live and I simply let them run, will the court fine me for abuse of process.
Submitted: 7 months ago.
Category: Law
Expert:  Jamie-Law replied 7 months ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear, the previous Judgment was set aside or struck out?

Customer: replied 7 months ago.
Hello Jamie, I have just checked and the judgment was set aside
Expert:  Jamie-Law replied 7 months ago.

Ok - then did you issue NEW proceedings or carry on old ones?

Customer: replied 7 months ago.
I issued new proceedings because having not heard back from the court for over 10 weeks I assumed that the old proceedings were no longer live.
Expert:  Jamie-Law replied 7 months ago.

No no no........

You need to discontinue the new proceedings. The old ones are still live.

You cant issue new proceedings on the same matter as the old ones.

The court should have given directions that a defence was filed and the matter would proceed normally.

But the old case is still live, you cant issue new proceedings.

You need to ask the Court for directions for the old case.

Can I clarify anything for you about this today please?

Customer: replied 7 months ago.
I listed 4 questions at the bottom of my original submission to you. I need to know the answers to those please. I have already issued the proceedings. I need to know now how do I right the error without being subject to CPR Part 38 costs
Expert:  Jamie-Law replied 7 months ago.

1. As judgment was entered and then struck out on the initial proceedings, would those proceedings still be live. The court did not write to say they were still live or to give a hearing date.

Yes the proceedings will be live on the 'old' ones.
2. If those proceedings are still live, do I have to discontinue one of the cases or can they just be joined, or will the court simply cancel one.

Yes you have to discontinue
3. If I discontinue, can I suggest that CPR part 38 should not apply because I did not receive any confirmation from the court that the case is still live or any hearing date and this has been over 10 weeks now.

Part 38 does apply - you cant say it does not. If you discontinue the rules say you are liable for the other sides costs. It makes no mention of the fact that you dont hear back from you.
4. Finally, if both cases are now live and I simply let them run, will the court fine me for abuse of process.

The Court will strike out the NEW claim for abuse.

Does that clarify?

Customer: replied 7 months ago.
Thank you. ***** discontinue the first case can I let the proceedings that I recently issued simply run
Expert:  Jamie-Law replied 7 months ago.

Yes thats right. But you just might need to ask the Court for directions on the first case.
Does that clarify?

Customer: replied 7 months ago.
Thank you. Yes that clarifies. What link do I press to pay you. Does that happen automatically?
Expert:  Jamie-Law replied 7 months ago.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3249
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice