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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1910
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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ONLY FOR ED TURNER !!! I made an application before

Customer Question

ONLY FOR ED TURNER !!!
I made an application before proceedings started at Barnet. Later my claim has been issued in CCMCC. I sent to theBarnet Court 3 emails explaining my situation but have not received neither any explanations no directions. I did not know what I had to do and did not make anyapplication. As result, the hearing was held and my application before proceedings started was dismissed and I was ordered to pay.
I believe it is not fair, the Judge was informed that my claim has been issued. I made an Appeal but in the Central Court a Judge told it was correct decision because it is not judge's duty to "assist me" and there is a High Court decision on it.
I still believe that my right to fair trial was violated. Apart of it, in the Central court the Judge ignored my Application to provide me with interpreter (I sent it twice).
I'd like to know your opinion and advice on that situation in general and if the only option left is to complain to Human Rights Court?
Submitted: 9 days ago.
Category: Law
Expert:  Ed Turner replied 9 days ago.

Hi.   This is Ed.   Thank you for requesting me.   To enable me to answer your query, please provide me with some further information about your legal issue and the subject matter of your claim as I do not have access to our previous threads.   Thanks.

Expert:  Ed Turner replied 7 days ago.

I note that you have not replied to my request for further information.   I shall therefore post a “general answer” to your type of legal issue.    Please revert to me if I am mistaken as to your type of legal issue or if my answer does not fit the facts of your situation and I shall be delighted to amend my answer accordingly.

Expert:  Ed Turner replied 7 days ago.

Having reviewed your scenario, I believe that the issues forming the basis of your proposed Application are more appropriately addressed at Trial rather than an Interim Application as it would be tantamount to “Trial by Application”, which the Court is unlikely to grant.   Interim Applications are largely to resolve technical points, such as compliance with the Civil Procedure Rules 1998 in meeting court deadlines and drafting Statements of Case correctly.

Had your opponent’s Particulars of Claim not disclosed any cause of action for bringing the claim (such as a Breach of Contract or a Breach of Tortious Duty of Care) or their Defence disclosed no reasonable grounds for defending your claim (such as a “bare denial” or “holding defence” which did not state their reasons for defending the Claim), then I would recommend making an Application for the other party’s Statement of Case to be Struck Out and for Summary Judgment in your favour on the grounds that the other party’s case has no real prospect of success, is an abuse of process and there is no other compelling reason for the court and the parties to go to the time and expense of disposing of the matter at a fully-contested Trial.

In your case, it appears that your objections to the other party’s Statement of Case go to the substantive issues of their Statement of Case.   There is a genuine disagreement over the facts of the case as well as the honesty and credibility of the other party, which must be addressed at a fully contested hearing and is not appropriate to issue an Interim Application to determine these issues.

Finally, if you lose an Interim Application, you may be ordered to pay the other party’s costs of defending the Application.

Therefore, on balance, I do not recommend that you proceed with your proposed Interim Application.

Expert:  Ed Turner replied 7 days ago.

I hope this resolves your enquiry.   Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Kind regards

LawyerEd

Customer: replied 7 days ago.
Hello.
I did not provide you with further informatio because you did not ask what information you need.
This is what happened in chronological order.
1. I made an application before proceedings started at Barnet Court and at the same time made a claim in CCMCC (I knew it normally would take time for them to isuue the claim).
2. My claim was issued (the proceedings started).
3. I sent to the Barnet Court 3 emails explaining that my claim had been issued.
4. I had a hearing in Barnet Court and my application had been struck out because the proceedings had been started.
5. In my opinion, the Judge at Barnet should have been made directions for me to make another application asking to canvel the hearing (I am not sure what kind of application it should be). However, permission to appeal was refused in the Central Court and the Judge told that the decision was correct decision because it is not judge's duty to "assist me" and there is a High Court decision on it. I still believe that it has nothing to do with assisting me but with the Judge doing his job.
I believe that my right to fair trial was violated. Apart of it, in the Central court the Judge ignored my Application to provide me with interpreter (I sent it twice).
I'd like to know your opinion and advice on that situation in general and if the only option left is to complain to Human Rights Court?
I hope this time I gave a better explanation of what happened. If you need any additional information please feel free to let me know.
Expert:  Ed Turner replied 6 days ago.

The court and the judge have no duty to assist a litigant in their case.   The litigant must instruct their own advisers for this purpose.   Therefore, they are no infridging on your right to a fair trial under the ECHR/HRA.

Customer: replied 6 days ago.
Thanks.
Is not it a judges' duty to write directions? And if it is not then why they write them?
I am asking not because I refuse to accept the truth, I just need to know why exactly it is so.
Expert:  Ed Turner replied 6 days ago.

Yes, it is the court's job to write case management directions.   This can include striking out a party's statement of case or imposing unless orders and sanctions of its own violition.   I fail to see how the judge has failed in their duty to decide the case fairly.

Customer: replied 5 days ago.
In my opinion, after I informed the Court that my claim had been isssued, the Judge should have taken into the account that I am LIP and I obviously did not know what to do, should have either written directions asking me to make an application or whatever I do not know what or have made an order to cancel the hearing of my application before proceedings started.
The Judge perfectly realised that the hearing had been canceled but did nothing. I can not see how it is consistent with the principles of Justice and equal treatment. Did the Judge get the Justice as the result of his work? No, he did not. Did he follow the principles of equal treatment? He did not.
The question is if I have grounds to start complaint to Europian Court because I have been deprived of my human right to fair treatment? I thought I have because the Judge did nothing and should have done something (maybe to write directions or maybe something else).
Expert:  Ed Turner replied 5 days ago.

I have answered your questions as far as I am able to on the Portal.   Obviously, there is a limited amount of advice I can give based on a few lines of text on the Just Answer instant messaging Portal.  Very often the best I can do is “point you in the right direction” for the sake of seeking more detailed advice.

If you want further bespoke advice, I need to review all relevant correspondence and documents and advise in a telephone call.

I will place an offer of a Premium Service Phone Call Request through on the Portal.  If you do not want this additional service, I wish you all the very best in resolving this matter and of course for safely navigating the current “choppy waters” in which we all find ourselves.

Kind regards

LawyerEd