Can I reinstate struck out County Court claim

[Wakefield]

I wrote to County Court explaining I had misunderstood their 14 day order to return info to them, after 16 days, asking for an extension. They have replied saying my claim is struck out as I have 'made no formal application for re-instatement of the claim and relief from sanctions' I have read Part 3.9 of Civil Procedure Rules and understand what has happened (sort of!)

 

Is this about the process? Is there a form to use and guidance about what the Court wants to re-instate, please

[AndyOrch]

You must complete an N244 application notice Wakefield with payment (varies whether you require a hearing or not)

 

Perhaps give a little more detail of the claim and then we can advice if its worth making application.

 

Regards

 

Andy

 

PS Welcome to CAG

[Wakefield]

Thanks.

Why didn't they just say that (rhetorical)

It a few £ks owed to me, so worth it!

Cross with myself, for not gleaning the info from the Court letter on time- but crosser that a public service communicates so poorly! (Hope they arent looking over my shoulder)

[AndyOrch]

Well the fees are currently £50 or £155 so you need to consider and hope you can include the further costs.

[Ganymede]

Thanks.

Why didn't they just say that (rhetorical)

It a few £ks owed to me, so worth it!

Cross with myself, for not gleaning the info from the Court letter on time- but crosser that a public service communicates so poorly! (Hope they arent looking over my shoulder)

 

Hurry up and apply ASAP if you are going to as the sooner you apply the more likely the Court will grant it.

 

The Court wouldn't tell you what to do as they can't give legal advice, that's up you.

 

Research the case of Denton v TH White Ltd (2014) and apply the test to your claim.

[Wakefield]

Many thanks both of you.

I only got their letter yesterday, and I am on to it.

I understand the probs for the Court giving 'advice', but I think the info they provide does not assist this being a service that the public can easily access.

[ThedaBara]

Hurry up and apply ASAP if you are going to as the sooner you apply the more likely the Court will grant it.

 

The Court wouldn't tell you what to do as they can't give legal advice, that's up you.

 

Research the case of Denton v TH White Ltd (2014) and apply the test to your claim.

 

I have found the courts very unhelpful, too, and just assume everyone is knowledgeable about court procedure, even though many people are unable to afford a solicitor. I don't think the OP was asking them for legal advice, though...

[Ganymede]

I have found the courts very unhelpful, too, and just assume everyone is knowledgeable about court procedure, even though many people are unable to afford a solicitor. I don't think the OP was asking them for legal advice, though...

 

Blame the government for a lack of legal aid then but the Court cannot give you guidance on what to do or how to follow the CPR etc as it would be advice and that's not what they're there for.

[ThedaBara]

Blame the government for a lack of legal aid then but the Court cannot give you guidance on what to do or how to follow the CPR etc as it would be advice and that's not what they're there for.

 

Yes… but unfortunately their lack of guidance leaves those without the means to pay for advice at a disadvantage and without access to justice...

[Ganymede]

Yes… but unfortunately their lack of guidance leaves those without the means to pay for advice at a disadvantage and without access to justice...

 

Indeed. But that's not the Court's problem to deal with, it's the government's.

[ThedaBara]

Exactly… as mentioned here by the Judge re Welch vs Welch..

 

Further, there is an acute problem which now arises in these situations since the virtual total withdrawal of legal aid in private family law litigation. Formerly, a lady with absolutely no means such as Mrs Welch would most probably have been eligible for legal aid. That would have had two effects. One effect is that she would have been protected by provisions of the legal aid legislation against enforceable costs orders being made against her. The other effect was that people in the position of Mrs Welch were able at any rate to benefit from objective legal advice. It is, I am afraid, a problem which is increasingly faced now that litigants in person are denied any publicly-funded legal advice. They do their very best, and undoubtedly Mrs Welch has become a very proficient lawyer herself, but they are denied the advantage of objective legal advice. That has the effect that far too often we are now faced with days like yesterday and today in court. It is largely the responsibility of Mrs Welch, and in the words of District Judge Hess, her obsessive and irrational approach to these proceedings, but it may also be in part due to the denial to her of any publicly-funded legal advice.

[legalistic]

Wakefield, the problem is that our adversarial (as opposed to the European inquisitorial) system of court proceedings is designed for lawyers. That is steadily changing.Court staff are meant to help with procedure. But, even the most experienced of them, tend to have limited knowledge. It's always best to check anything they tell you.

[Wakefield]

An update!!!

In hindsight I am inclined to think (see i'm even beginning to talk like a Judge!) that the letter I got from the Court was guiding me by pointing out what I had not done. Anyway, thanks to you guys, I found the form and sent it with an apology and the money, and now have a court Hearing, next week which the 2 defendants are required to attend. This is to decide whether my appeal against striking out can be granted. Does anyone have any advice of the tack to take? What to say, what not to? The defendants are most likely to try to keep the case struck out, anyway, aren't they - as they have most to loose if it goes ahead? But I am mindful of the words in the case law that you good people pointed me to, that says that the Judge will not be sympathetic to opposition without reason.

Why isnt there an emoticon with a wig? Or a black cap? Or is there?