Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #41
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    Default Re: Abuse of process - Henderson v Henderson 1843 cited

    Quote Originally Posted by renegadeimp View Post
    You should have told her its been raised and showed the proof andy.

    Congrats though. Just shows persistence and well thought out research goes a very long way
    Didnt have the proof with me..I assumed being a Judge she'd keep upto date with current law and CPR developments, didnt actually affect my costs as she decided that a solicitor would charge 300 and I could have 2/3's of that (she knew about the 2/3's rule but not new LiP !)...plus some court fees.

    Cant compalin though, went according to plan, their claim struck out and 280 for me to spend

    Ive written a letter to her/the court pointing out the new rules (57th CPR amendmenticon) so maybe that will help future LiP's

    Andy


  2. #42
    Basic Account Holder pop_gun Novitiate

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    Default Re: Abuse of process - Henderson v Henderson 1843 cited

    There's a bit more to the story, the original claim was struck out but there was another claim attached to the original claim. The original claim was the lead claim. The judge despite the second claim not having a defence. The second defendant did a acknowledgement of service, but never defended the claim. Can a DJ strike out a claim which hasn't been defended?

    On the court order for the original claim it only states the original claim struck out, not the second. Has the DJ erred and can I still enter judgement on the second claim?


  3. #43
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    Quote Originally Posted by pop_gun View Post
    There's a bit more to the story, the original claim was struck out but there was another claim attached to the original claim. The original claim was the lead claim. The judge despite the second claim not having a defence. The second defendant did a acknowledgement of service, but never defended the claim. Can a DJ strike out a claim which hasn't been defended?

    On the court order for the original claim it only states the original claim struck out, not the second. Has the DJ erred and can I still enter judgement on the second claim?

    What does the actual strike out Order say again?

    If it just says something like "the Claimant's claim be struck out" and both Defendants are named in the top right box then it is probably struck out against both.


  4. #44
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    Quote Originally Posted by Ganymede View Post
    What does the actual strike out Order say again?

    If it just says something like "the Claimant's claim be struck out" and both Defendants are named in the top right box then it is probably struck out against both.
    No mention of the second defendant on the court order. I made the second claim through MCOL.

    Sorry to go over this, but I was wondering if there was a court case involving responisibility for a person's own actions over that of someone directing them to do something. In other words when are we legally held accountable for our actions.

    P.S can I have the claim transfered to the high court via a appeal?


  5. #45
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    Default Re: Abuse of process - Henderson v Henderson 1843 cited

    Ah ok so you made two separate claims with two separate claim numbers?

    Based on what you have said so far you had no chance of an appeal.


  6. #46
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    Default Re: Abuse of process - Henderson v Henderson 1843 cited

    I still don't understand the part about the two defendants and two claims so Ganymede is a smarter person than I am.

    The point about the appeal is that at the end of the hearing once the judge has given the judgement, you have to ask for permission to appeal. Regardless of their answer, you should also get form N460 which should list the reasons for refusing or allowing the appeal. You will need that to lodge it with your appeal bundle. If you did not do that, and it has been past 21 days since the judgment with no application for an extension, then you may be too late for an appeal.

    HMMH


  7. #47
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    Default Re: Abuse of process - Henderson v Henderson 1843 cited

    I think what pop_gun is saying is that he issued one claim and then later separately issued against a different Defendant but for a similar/same claim. Hence two separate claims with two separate claim numbers for essentially the same claim.


  8. #48
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    Default Re: Abuse of process - Henderson v Henderson 1843 cited

    The defendant allows other companies to perform it's slinger/signaller course. when the first defendant stitch me up, I took the course with the second defendant. The second defendant found out I had taken the course with the first defendant as all students have to be registered on the first defendants servers. Because I had passed the theory test my details were still active and the second defendant couldn't register me as a new student. They phoned up the first defendant. The defendant employs the same people to conduct the test ANYWHERE in england. So when the second defendant phoned the first defendant they spoke to the people directly responsible for failing me. The second defendant refused to train any of the students until the last day of training. I was the only student to fail the test. There is more to this but I think you get the general idea.
    The second defendant hasn't defended the claim because it believes the two students who passed would act as witnesses against them.


  9. #49
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    Default Re: Abuse of process - Henderson v Henderson 1843 cited

    Court's power to make order of it's own initiative.

    3.3 (4)

    The court may make an order of it's own initiative without hearing the parties or giving them an opportunity to make representations.

    Judging by this the Judge can throw out any claim he or she likes regardless of whether the claim has been defended or not.

    What stops a Judge from abusing his\her initiative?


  10. #50
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    Default Re: Abuse of process - Henderson v Henderson 1843 cited

    Yes. Courts may use 3.4 to strike out of their own inititiave....I was hoping they would do this in my case, but they didnt so I had to make an summary judgment/cpr 3.4 strike out application.

    As for what stops a judge from abusing it ?. Why would they ? In any event you are always fee to make a set asideicon application.

    Andy



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