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Chrisallen1949

General Form of Judgement

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To keep it as short as possible I have managed to help my partners son to get as far as a Final Charging Order on his Uncle's house- his uncle ran off and spent the family inheritance.

 

I have now received a General Form of Judgement stating:

 

 

Before District Judge xxxx sitting at Bury County Court, The Court House, Tenters Street, Bury, BL9 OHX.

IT IS ORDERED THAT

1. The Person representing the Claimant, namely the Mr xxxxx, having no locus standi before the Court the

 

 

Charging Order made herein on the 25th October 2012 is revoked and the contents of the oral exam executed on

 

 

the 17th October 2012 will be struck from the record.

 

 

Dated 8 November 2012

 

At no time have I represented the claimant other than help him complete forms and served orders on the defendant. All applications have been signed by the claimant and we used my home address for convenience. At the Application for a final charging order I was given permission by the District Judge to speak on behalf of the Claimant who was also present (I also have a temporary General Power of Attorney) - answering one question about costs. The judge then made the order final.

 

I had no knowledge of any hearing to revoke the order.

 

Can I complain to the court?

 

Advice appreciated.

 

Chris

Edited by Chrisallen1949

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Please remove the names in the post.


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whose name was the given charging order in? yours?

ps just asking, whether ct accidently put your name rather than the claimants, or whether it's on fact that you were mistakenly given audience 'rights', in which case rendered the proceedings invalid (ultra vires)?

Edited by Ford

IMO

:-):rant:

 

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Hi Ford,

 

Thanks for your reply. The application for the carging order was made in the claiments name and signed by him. The interim charging order is in the claiments name. The Final Charging Order is in the claiments name (the address for sending documents is mine as the claiment works away).

 

The defendant did not attend the hearing to make the Order final and I attended, with the claiment. I have a General Power of Attorney and the judge was advised of this and granted permission for me to speak on behalf of the claiment and answer one question before making the order final.

 

Why the General Form of Judgement order also revokes a previous Order to attend for questioning is a puzzle as the claiment did not attend court and was not "represented". Again all the applications etc are signed by the claiment. With regard to serving the Order to attend court I personally served the order on the defendant and swore an affidavit of service.

 

Firstly, I do not beleive you are required to be legally qualified to serve a court notice/order or swear an affidavit of serrvice. Secondly I do not believe I have acted locus standi in the procedure for the Oral exam hearing.

 

The only area which may be unclear is when I attended the hearing for the Final charging Order. It is my understanding that a judge can give permission for a person to speak on behalf of a claiment (only when the claimant is present as well). The judge granted that permission. Further he was aware I also had a General Power of Attorney.

 

The claiment had no knowledge that the defendant had applied to strike out the charging order or revoke the oral exam record so was not able to argue his objections.

 

Chris

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Hi Ford,

 

Thanks for your reply. The application for the carging order was made in the claiments name and signed by him. The interim charging order is in the claiments name. The Final Charging Order is in the claiments name (the address for sending documents is mine as the claiment works away).

 

The defendant did not attend the hearing to make the Order final and I attended, with the claiment. I have a General Power of Attorney and the judge was advised of this and granted permission for me to speak on behalf of the claiment and answer one question before making the order final.

 

Why the General Form of Judgement order also revokes a previous Order to attend for questioning is a puzzle as the claiment did not attend court and was not "represented". Again all the applications etc are signed by the claiment. With regard to serving the Order to attend court I personally served the order on the defendant and swore an affidavit of service.

 

Firstly, I do not beleive you are required to be legally qualified to serve a court notice/order or swear an affidavit of serrvice. Secondly I do not believe I have acted locus standi in the procedure for the Oral exam hearing.

 

The only area which may be unclear is when I attended the hearing for the Final charging Order. It is my understanding that a judge can give permission for a person to speak on behalf of a claiment (only when the claimant is present as well). The judge granted that permission. Further he was aware I also had a General Power of Attorney.

 

The claiment had no knowledge that the defendant had applied to strike out the charging order or revoke the oral exam record so was not able to argue his objections.

 

Chris

 

 

I assume you are not a solicitor and drafting every application, letter and order and the Claimant just signed them?

 

Does seem odd that the Court have made this decision themselves. Are you sure you are telling us the whole story? Did this Order just come out of the blue?

 

Why did the Claimant not speak for himself at the hearing?

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am guessing OP was perhaps down as a legal rep for some reason (hence q re costs)?, but were not legal. and with no rights of audience? does general PofA give any rights of audience? and, maybe court later realised and of its own powers revoked the co and previous 'oral exam' cause OP had no Locus? or did def make a challenge? or, as you suggest, is there more to it? what do you think?

chris, the order strikes the previous 'oral exam' from the record cause the proceedings have been deemed invalid due to the no Locus. basically, any complaint etc aside, things would have to start again, but this time 'properly' ie not what was incorrectly done before. whatever that was?

how old is son? and what was the basis for the charging order?

Edited by Ford

IMO

:-):rant:

 

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