Complaining about a Judge

[Isiris]

I am absolutely seething.

Today I went to court with my sister who had to attend a hearing about a charging order.

She is really quiet and passive and was terrified.

We spoke to the solicitor for the bank who was OK and we said we were going to apply to have the judgement set aside as we had posted our allocation questionaire in time but it was lost. He had no problems

We went in the room and that where it started. My sister was as white as a sheet. The chap started off by saying about the charging order then mentioned we were going to apply to have it set aside.

WHY, WHAT GROUNDS DO YOU THINK YOU HAVE (Shouting by the way) I thought my sister was going to cry. I explained the AQ was due in on 10th January, I had posted it 3rd January but it had not been recieved. I said that I called on the 13th January to ask about the draft order for directions to be told that the defence had been struck out. I forwarded a new AQ (Dated 13th as that was the date) and left it at that. We did receive a notice to say the defence had been struck out.

The judge then could not grasp what I was saying and had it that I was a liar. HOW COME IT IS DATED THE 13th if as you claim you sent it on the 3rd. The judge was looking around the room as saying this if you can picture the scene. I said I did another one and the reply was "Hu, we only send one so how can you do another one" I then had to explain all the forms are available online. We tried to explain that we genuinely hadnt receive any forms from the courts. Apparently there had even been a hearing on the 19th March that we honestly andtruthfully jnew not one bit about.

When we said this we got "I dont believe you, I just dont believe you" Order entered and told we could leave. When we walked out the usher said, "oo, that was quick" and the solicitor said outside, "Wow, I have never ever heard a judge be that rude to a litigant in person"

I really really want to complain. I am having the case moved from that court anyway but do I have cause for complaint.
__________________

[old_andrew2007]

Hi
I realise where you had a hard time, but the judge himself may have had a bad day, however I think we have a right to expect a judge to behave in an acceptable manner, so I've included a link to the OJC Office For Judicial Complaints website, don't expect too much
Office for Judicial Complaints - Introduction by Dale Simon, Head of the OJC

Regards

Andy

[Isiris]

OA2007

Agreed. I always treat people with respect and certain people have autmatic respect upon them, police, teachers, judges, but this was absolutely unbelievable. If it had been a teacher or a policeman then I would have given some back but alas, in a court room I had to bite my tongue. The solicitor was genuinely embarrased and taken aback.

[old_andrew2007]

Hi Isiris

You might be able quote them if you complain, I am sure you will receive more advice over the next few days.

Andy

[steven4064]

It might be worth sounding out the solicitor and asking if (s)he will support your complaint

[Isiris]

Thanks

To be honest I didnt get the chaps name unfortunately. I have spoken to the court manager and she said the session should have been recorded.

[steven4064]

Originally Posted by Isiris

To be honest I didnt get the chaps name unfortunately.

But you know which company he was from (or at least which company instructed him) It shouldn't be that hard to track him down.

[alanfromderby]

I think it is also worth noting that the Claimant is supposed to send the notification (and supporting documentation) to the Defendant about the initial hearing for a charging order.

In my case, the paperwork was never sent, and I only found out that a hearing had taken place when the Land Registry sent notification that a Unilateral Notice had been put on our property relating to an interim charging order obtained at a court hearing.

When it came to the full hearing the judge was not interested about the fact I had not been notified - or given chance to put my side of the story. He just made a decision based on the information he had to hand, and what "the likely outcome would have been" had I attended the original hearing.

It is no wonder that companies don't always pay attention to the paperwork, when failing to do so can avoid them having to properly argue their case, and effectively fast-track their application.

[Isiris]

Alan

This is EXACTLY the same as happened with my solicitor with Shoosmiths who were acting on behalf of NatWest. The very first thing she knew was when the Land Registry sent her some forms through after the initial hearing had been heard. Then the solicitor sent her a hearing date.

What would you advise. We are going to apply for the original judgement to be set aside.

[alanfromderby]

There are three issues here - the first, is that you need the judgement setting aside, on the grounds that you did file the AQ in time - and that you have a valid defence (I am assuming here that you do have a valid defence).

Secondly - I would be inclined not to complain about the judge at this stage - just in case you end up with him again. There is plenty of time to deal with that later.

Thirdly - I would make a complaint to the FSA about their failure to notify you of the hearing. The FSA will not do anything - but it will log a complaint against them, and if they get enough people complaining then they will eventually act. There is probably no point complaining to the FOS - as they will say that it is outside their remit.