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plclegal, Barrister
Category: Law
Satisfied Customers: 8975
Experience:  Barrister at law
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Can a judge live in the same street as the person when

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Can a judge live in the same street as the person when facing defend
JA: Where is this? It matters because laws vary by location.
Customer: South London
JA: What steps have been taken so far?
Customer: I found out a judge who sat on a hearing lives round the corner from the claimant in South London and 2. The judge was involved in ex parte communications with the claimant
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The claimant won a judgement against me - I want to make a complaint but a judicial review is too expensive to lose

Hello and thank you for the question. I’ll do my best to assist you and provide an accurate and speedy response. Please bear with me as this is an email service and not live chat. Also note that the discussions here are for general information purposes only and do not constitute a lawyer client relationship.

I’ll review and come back to you as soon as I can.

What was the date of the decision against you?

Did the judge acknowledge that they knew the claimant in the trial?

How did you find out about this communication between them if not?

plclegal and 5 other Law Specialists are ready to help you
Customer: replied 9 days ago.
Camberwell area. No steps taken. Judgement issued 190422 but on a case which was originally heard in 2016.
But the judgement at that time was in the wrong name. The latest judgement has still not been issued in my legal name. I only received the 190422 judgement through an online complaint to the high court after repeated requests for a copy of it. The Hearing was held after the Easter period and the Judgement was received 8 days late. I never received a copy of the Application so I did not know what the Herarng would be about. I requested a copy of the Application many times but to no avail. I could not attend the Hearing as my property where I live and work suffered a fire on 23/03/22. During previous county court procedures, the claimant stayed behind with the judge in the courtroom whilst I was dismissed. The whole process was unfairly held. I wonder what is the best and most cost effective way to raise a complaint or bring many inappropriate activities to notice without a judicial review which I understand can be quite expensive if I'm not successful.
Customer: replied 9 days ago.
im waiting for the phone call from solicitor - nobody has called yet ?

Thank you for the information. Another expert has picked up your call request and as such I am not in control of their diary so cannot say when they are calling, it should be soon however.

There are two routes other than judicial review here, which I think are more appropriate.

Firstly, there is an application to have judgment set aside. This is where you have a reasonable chance of defending the claim but were not given the opportunity to do so having not been notified of the claim, or where there is some other good reason why you should be given the opportunity to defend the claim. A set aside application costs £275 and is made on the N244 application form.

Secondly, there is the option of appealing the decision. This would be on procedural grounds, specifically procedural fairness and an indication that due to a personal connection between the claimant and the judge, that the judge exercised bias. The key phrase to use is that justice must be seen to be done. How can this be the case here, you are entitled to ask.

An appeal needs to be made within 21 days of the judgment and you need the N161 court form for this (unless it is a small claim in which case you need the N164).

The cost of an appeal is £129 (small claims), £259 (High court) or £151 (all other claims).

I hope that this is helpful. Can I clarify anything further at this stage?

Customer: replied 9 days ago.
Thank you for your reply. Can I make the High court application myself on the N164 form? And does this mean the whole case will be reheard or would this be between me and the court only as its to do with procedural grounds without the claimant being party to it?

If you are appealing to the high court you need the N161 form., not the N164 (this is for small claims only).

You can submit this yourself, yes.

The case, if the judgment is appealed, should be re-heard, yes.

Is there anything more I can clarify for you?

Customer: replied 9 days ago.
Hi Thanks for getting back to us. My sister who dose all my emails. I will pass this on.Kind regards *****

My pleasure.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.