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Claimant struck off due to AQ not completed, judge has reinstated, can I get it struck out for wasting court time?


Pragmatic
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Hello

 

Please may I ask ref a Case which should have gone to court on Counterclaim only as claimant had not completed AQ and been struck out.

At the hearing the Court had made a mistake with the paperwork and dealt with the original struck out claim , the Judge awarded a sum and costs to the claimant.

 

I wrote to the judge to query what had happened and advised him that I had not been prepared to defend the claim due to it being struck out and the hearing I attended I believed to be the Counterclaim hearing I had paid court costs for.

The Judge stated that he had not been aware of these facts and stopped enforcement and has reinstated both the claim and the counterclaim.

 

I question reinstating the claim as it had previously been struck off and now because the mistake made with the court paperwork I have already lost the case once and could possibly never expect to go to court with a fair and level playing field. I am led to believe the Judge has now removed himself from this case?

 

Next big Q, can a Judge be called as a witness to statements made in court if he is no longer dealing with the case?

 

Thank you guys..appreciate any of your thoughts...that already feels better just having somewhere to vent!

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