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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i have just received a judgement from the County Court (Assist

Customer Question

i have just received a judgement from the County Court (Assist district Judge) he has added 2 very specific points to his written judgement that he did not give out in Court - can he do this??? what can I do about it?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.
In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Could you explain your situation a little more?
Customer: replied 4 years ago.

I was an application to suspend a possession order. This is not the first one. The Judge was very agressive which in my experiece is unusual. The hearing lasted 2 hours. In his summing up he suspended the warrant on two grounds however, when we received the written judgement about amonth later there are a number of statements that he makes (figues, dates etc) that are factually incorrect and he has added two points with regard to a further hearing we have that he did not mention on the day. Firstly, can he do this a secondly, what can I do about it.


Thank you

Expert:  Jo C. replied 4 years ago.
Sorry, this isn't my area if that was the application.

I'll pass this onto somebody else
Expert:  Ash replied 4 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

If the application was suspended why do you want to amend the Judgment? Did you not get a draft of the Judgment before it was handed down, or was it handed down on the day please?

Customer: replied 4 years ago.

The judgement that was handed down on the day did not include two specific points which relate to other charges on the property. The mortagee who is the Claimant in this matter and holds first charge keeps bringing them up pretty much to cloud the issue. The property is worth approx £700k the first charge is about ££350k so penty of equity. The mortagee is on a mission to get us out

Expert:  Ash replied 4 years ago.
Does the wording of the Judgment matter if the warrant was suspended please?

Customer: replied 4 years ago.

Hi yes very significant because it was suspended until a hearing tomorrow, not indef. as such these two points will not doubt be laboured on by the Bank. What I really need to know is can the Judge effectively 'add' these to his Judgement and Directions after the hearing.

Expert:  Ash replied 4 years ago.
These points were not raised or discussed at the hearing?

Customer: replied 4 years ago.

Yes they were bought up by the Bank in an attempt to 'blacken' our financial status. They were not however mentioned in the Directions at the time.

Expert:  Ash replied 4 years ago.
When you say Directions - what do you mean? Was this a final hearing?
Customer: replied 4 years ago.

No it wasn't I don't think I mean Directions. As I said the 2nd mortgage and a charge on the property was bought up by the Bank at the hearing. When the Judge summed up not mention was made of these however, the written order states that we have to take further information on these matters to the next hearing - if this had been bought up at the hearing we would have objected on the grounds that they are not relevant to the charge the bank holds, as 1st charge holder and equity of about £250k there is no risk to them it is purely a try at blackening our position.

Expert:  Ash replied 4 years ago.
I see, if the second hearing is some time away then you can write to the Court and ask the Judge to clarify as these matters were not brought up in the hearing, this could be an appealable point as this is an error in procedure. The judge is not entitled to take account of matters not brought up at a hearing. If the hearing is soon then you need to raise it at the hearing itself. If the decision goes against you then you should seek permission to appeal as the judge has erred by taking matters into account which were not raised. You should be then given permission to appeal which you can do,

If permission is refused you can still apply on the papers and if refused apply for an oral hearing. But the bottom line is a judge should not have considered matters which were not raised.

Can I clarify anything for you? Alex

Customer: replied 4 years ago.

Hi sorry, just to clarify they were bought up at the hearing by the bank but they were not mentioned in the Judgement on the day only the written Judgement which we received about 4 weeks later (3 days ago)

Expert:  Ash replied 4 years ago.
I see. It is something that can be appealed especially if there was no argument legally about it at the hearing. Alex