What's the difference between a district judge and a circuit judge ?

Circuit judge is higher up.

If in an unlikey event, a set aside is given, will the defendant need to put in a defence. Back in March 2014. he had filled in a defence form but then never bothered to turn up to the hearing and went off for a 5 week hoiday overseas instead. Hopefully, the witness statement that I am hoping to get in the post tomorrow will confirm that the defendant has and is just waisting my time and the courts and his application for a set aside is refused..

On the issue of 'the signature isnt is'.. will the onus be on him to prove that is the case in any future hearing ?

Circuit judge is higher up.

You mean he sits on the court roof. lol..

You mean he sits on the court roof. lol..

In this weather, yes.

In this weather, yes.

Sunstroke might effect judgment though:)

Sent copy of witness statement to defendant yesterday. Just waiting on signature..

On a human level, this whole situation has made me quite unwell and I feel at times I am near the edge. In the unlikely event I have an unwell period before the next hearing that stops myself attending, then what legal protection should I take to protect my interests in this case. I am currently taking medication..

No one has so far signed the witness statement sent to the defendant. What I understand is a card would have been put in the door asking him to collect. If he does not collect, is the witness statement still deemed as served..

What is meant by a set aside and how would it work and under what situation..

It restarts the claim essentially and allows a Defence to be entered.

It restarts the claim essentially and allows a Defence to be entered.

without the need for all the claim details again ?

without the need for all the claim details again ?

Yes.

On the issue of 'the signature isnt is'.. will the onus be on him to prove that is the case in any future hearing ?

I'd have thought that the onus would be on you to prove that it IS his signature. I believe that I asked you a while back if you had any other examples of his signature.

Forgive me if you've already said this, but did he go to the police about this and if so what have they done in response?

Oh yes, I know and he knows it is his signature. I have other paperwork with his signature on it.

Ref to other evidence with sig on.

No one has so far signed the witness statement sent to the defendant. What I understand is a card would have been put in the door asking him to collect. If he does not collect, is the witness statement still deemed as served..

IMHO it's just more evidence of trying to evade the situation.

Most of it is dribble and he has lied to the court and I intend to prove it..

Keep tough CD

Keep tough CD

I have other copies of his signature..

I'd have thought that the onus would be on you to prove that it IS his signature. I believe that I asked you a while back if you had any other examples of his signature.

 

 

Forgive me if you've already said this, but did he go to the police about this and if so what have they done in response?

He claimed he had reported the signature was not his to the police, which is fine by me..

I have not heard from the police..

Keep us updated on a Court date and no more worrying cos we are here:-)

Keep us updated on a Court date and no more worrying cos we are here:-)

I am in court on 15/July to decide his set aside application..

I am in court on 15/July to decide his set aside application..

Right then, we know the date and we will keep up with you through this.

No one has so far signed the witness statement sent to the defendant. What I understand is a card would have been put in the door asking him to collect. If he does not collect, is the witness statement still deemed as served..

It was delivered and looks to have been signed by himself..

It was delivered and looks to have been signed by himself..

Well, another sig from him which can be authenticated.