Ask an Property Solicitor. Get an Answer ASAP.
Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.Sorry to hear of the issue. I will set out my written answer shortly.
In civil litigation you have the option of either appealing the judge's decision or applying to set aside (or vary) the judgment given. For the former, you have a window of 21 days to get the appeal form back to the court with the fee (£120 for a small claim or £140 for any other claim). An appeal is made on the basis you believe the judge was wrong to make their decision. Either procedurally or on a point of law. Whereas if you apply to set aside a judgment or vary an order, it is on the basis you believe the judge was not wrong but you want evidence to be brought before the court and to ask the court to make a different decision. Normally if a party does not attend the hearing without a good excuse then the judge is at literally to grant the other party judgment in their favour. You say the your Wife had a medical reason though I don't know from your question if you wrote to the court before the hearing to flag this up and for yourself to be given permission to speak on her behalf. You also mention you spoke to Kingston Crown Court - which is the wrong court as crown courts only deal with criminal matters, not civil cases such as yours. On balance it seems you have a case to appeal the decision as you spoke to a court within the judiciary who told you something which you then relied upon. The judge in the civil case should have taken on board your Wife's condition and adjourned the hearing in my view. I would therefore suggest you file an appeal - you will need to ask for permission to appeal on the form (unless you asked the judge already on the 27th May but presume you have not done this). You need the relevant form which is one of two, depending if the claim was allocated to the small claims or fast track/multi track and please ensure it arrives at court with the fee by 17th June, no later. If you are on a low income, have low savings or in receipt of benefits then you can ask for a fee exemption though you also need one copy of EX160 form duly completed :
Fee exemption form : https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees
I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.
Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.