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  1. Yes it is quoted from the form N19B General Civil Restraint Order and I attach a copy of it n19bge-2.pdf
  2. An important fact is that there is a ‘single county court’ only since 22 April 2014 so before this date it was clear that a Designated Civil Judge can issue a GCRO banning a litigant from issuing further claims or applications only in one identified county court. The fact that since this date the county courts has become one ‘single county court’ does not extend the power of a Designated Civil Judge to ban a litigant to issue further applications or claims in all county courts; especially that the wording of the Practice Direction 4.2 (1) concerning General Civil Restraint has not been changed since the 22 April 2014 i.e. since seven years ago Therefore there has not been any change in the rule on the 22 April 2024 increasing the power of a Designated Civil Judge to impose a GCRO concerning all the county courts instead of only one identified county court. The is confirmed also by the contents by Section 2 of the form N19B General civil restraint order where it is stated “The Order It is ordered that you be restrained from issuing any claim or making any application in o Any Court o The High Court or any county court o County Court” We notice the blank before the word ‘County Court’ in the third option which purpose should be to indicate which county court is the identified county court
  3. I think the same thing but I am wondering if the fact that at the beginning of this rule it is stated "Unless the court otherwise orders" change something?
  4. Practice Direction 4.2 (1) concerning General Civil Restraint Order says “4.2 Unless the court otherwise orders, where the court makes a general civil restraint order, the party against whom the order is made – (1) will be restrained from issuing any claim or making any application in – (a) any court if the order has been made by a judge of the Court of Appeal; (b) the High Court or the County Court if the order has been made by a judge of the High Court; or (c) the County Court identified in the order if the order has been made by a Designated Civil Judge or their appointed deputy, without first obtaining the permission of a judge identified in the order” I would like to know if this means that a General Civil Restraint Order issued by a Designated Civil Judge from a county court prevents a claimant from issuing claim without the permission of the court only in one county court which should be identified in the General Civil Restraint Order or in all the county courts of England & Wales?
  5. I made a complaint to the NHS against my dentist about the quality of his work concerning my crown. My crown fell out and I have it put back by my dentist but it remained in place only two days. The NHS replied to me asking me to fill a consent form and it told me that it will send my complaint to the dental practice and that I will receive a reply within 40 working days. I would like to know what to do so that the NHS examine my teeth and my crown to prove that the work of my dentist was no good. Evidence is needed otherwise the dental practice could simply deny the accusation. The issue is that if we wait 40 working days to examine my teeth and my crown the evidence on my teeth and my crown can disappear for example if my dentist did not put properly the glue on my teeth and my crown or put too much glue or too little. Moreover I will have to remain 40 working days without having my crown put back
  6. I asked him to change his mind and to accept the service of my claim even if he has received it from the defendant and not directly from me. He has not told me yes . However he told me I have myself accepted that now I am out of time to serve correctly the claim form on him directly
  7. I served my claim form within the four months deadline but I served it on the defendant instead of serving it on its representative because CPR 6.10 says that for claims against the Crown we have to serve the claim form on the defendant's representative. This is a stupid technicality it is judicial bureaucracy which wastes time and money because the defendant's representative has received my claim form as evidenced by his last email and could respond to it if he wishes. As a consequence if now I have to serve again my claim form this time on the defendant's representative I will be now outside the four months deadline. I had to go through the several steps of the MOJ's complaint procedure and this has taken a long time. Moreover I had also other commitments. I made my first claim within the six years deadline but if I have to make another claim this time it will be slightly outside the six years limitation period
  8. As I predicted the LGD refuses to do me such a favour. So now I have no choice but to make an application either under the overriding objective of doing justice which is to save time and money for an order from the court considering that the claim form was served on the defendant's representative because he has nevertheless received it and he makes reference to its contents in his last email. Or in the alternative for an order under CPR 6.10 to get permission to serve again my claim form this time on the defendant's representative after the four month deadline Therefore I need you reply to my questions in my last post
  9. Firstly I would like to know if I can add anything to my application for an extension of time which could increase the chances that I will get this permission. Secondly if what I say in my posts is wrong I would like you explain me why so that I amend accordingly the witness statement that I am writing for this application. Thirdly to know how to properly explain my arguments in this witness statement
  10. It seems to me strange that a claimant has to use the term 'C/O' because most of the people even not know what it means it will be careless for me to serve my claim out of time without the agreement of the LGD or permission of the court because my claim could be struck out at a hearing and I could be ordered to pay the cost of the hearing Unfortunately I cannot issue another claim because it is now statute barred
  11. I am going to send an email to the defendant’s solicitor asking him if he will take issue if I serve late on him the claim form and if he will not take advantage of this to make an application to strike out my claim However I will be surprised if he will not take issue because I do not see why he will act in a way which is contrary to its client's interest because it is in the interest of his client that he does his best to strike out my claim if he can. Moreover the court can on its own initiative also strike out my claim if the claim form was served on the defendant’s representative out of time I am gathering the greatest number of pieces of evidence in my favour in case I need to make an application under CPR 7.6 for an extension of time. Therefore in the meantime I would like to reply to the Ganymede the following The term C/O that you use means that the claim form will be sent to the Ministry of Justice i.e. the defendant which will be responsible to passed it to the Government Legal Department which is at another address. This means that the claim form will be served on the Ministry of Justice which will pass it to its representative as usually we do i.e. the Claim form will be served on the defendant and not on its representative contrary to CPR 6.10. Obviously this is confusing and complicated. Therefore we have to accept that the fact that that it is made reference in the bottom of the first page of the Claim Form N1 to the name of the defendant and to the address for service means that it is made reference to the address for service of the defendant and not of this of its representative
  12. In the bottom of the first page of the N1 form it is stated “Defendant's name and address for service including postcode” i.e. the defendant ‘s name and not the name of the representative of the defendant. Obviously if it is the name of the defendant which is asked it is also its address which is asked and not this of its representative Moreover in the second page of the N1 form it is stated “Claimant or claimaint’s legaI representative's address to which documents or payments should be sent if different from overleaf including (if appropriate) details of DX, fax or e-mail” We notice this time that it is made reference to the address of the representative In this condition I think that if the court would have served the claim form instead of me it would have sent it to the address of the defendant and not to this of its representative and the defendant would have passed it to its representative as usually we do. This is a mystery if we consider that CPR 6.10 says that the claim form should be served on the defendant’s representative and not on the defendant itself.
  13. The claim forms were sent back to me by the court so that I served them myself because I asked this in my claim form. However if I would not have asked this the court would have served the claim forms itself. Therefore there is another issue which puzzles me which that in the claim form it is asked the address the defendant but not the address of its representative so the issue is how the staff of the court when they received my claim form would have known to which address to send the claim form to the defendant's representative if I would not have asked that the claim form are sent back to me so that I served them myself? Unless there is something that we have not understood in this story
  14. The relevant passage of the N205A Notice of issue (specified amount) (& request for judgment) that I have attached in my previous post is in the Notes for Guidance where it is stated " The claim form must be served on the defendant within 4 months of the date of issue ( 6 months if you are serving outside England or Wales).You may be able to apply to extend the time for serving the claim form but the application must generally be made before the 4 month or 6 month period expires."
  15. Please find attached the N205A Notice of issue (specified amount) (& request for judgment) n205a-eng.pdf
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