Can anyone assure me that the District Judges are not influenced by minority religious/political groups

[sharburrys]

They do benefit when the counsel invoices to his client and the company reduces their VAT amount to pay when they reclaim it as they paid the invoice because remember I am paying directly to the company not to the counsel so they use the receipt for themselves

[Guest]

The lady over the phone said there is no transcript or recordings in this case

It is going to be another statistical number? We dealt with this many complaints!!!

So do I have a legal right to start an online petition? Or is there any time limit to appeal?

if you are to complain about a judge or the like, then as connif posted, time limit is 3 mths. ie consistent with judicial review.

appealing a judgment has its own time limits. see the civil procedure rules re appeals.

you could also enquire, as mentioned, whether you are able to get a copy of the court file.

[sharburrys]

In your opinion is there something unusual the way the judge handled if all the statements I made above are correct?

[caro]

In your opinion is there something unusual the way the judge handled if all the statements I made above are correct?

 

Some judges are good, some aren't. Sadly it can be luck of the draw. What is unusual is to award costs for SCT. Why did he do that?

[sharburrys]

Like citizen said CPR27.14

I promise you that the judge did not manage the case the second defendants counsel managed the whole case whatever he said, he accepted!

I have never seen such case like this.

Also I had to stop the case to go to the toilet to refresh myself as I felt like I was in a police custody

[sharburrys]

If I were to bet whether he is a bad judge or a corrupt judge; I would have given 100% of the money in my pocket to the one that I believe

[ThedaBara]

The lady over the phone said there is no transcript or recordings in this case

It is going to be another statistical number? We dealt with this many complaints!!!

So do I have a legal right to start an online petition? Or is there any time limit to appeal?

 

Definitley a time limit if you want to comlain about a judge... 4 weeks, I think...

[ThedaBara]

Very difficult to prove bias.

 

In Metropolitan Properties Co. (F.G.C.) Ltd v Lannon [1969] Lord Denning M.R. had this to say "In considering whether there was a real likelihood of bias, the court does not look at the mind of the justice himself or at the mind of the chairman of the tribunal, or whoever it may be, who sits in judicial capacity. It does not look to see if there was a real likelihood that he would, or did, in fact favour one side at the expense of the other".

 

Denning also goes on to say "Surmise or conjecture is not enough" to challenge the impartiality of the Judge, but circumstances must bring about the real likelihood of bias.

 

Porter vs Magil [2002], Lord Hope (aptly named I might add) phrased the problem in the following manner; "the question is whether the fair minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was bias".

 

If you want to complain about the personal conduct of a judge, member of a small tribunal or coroner you should write to the Office for Judicial Complaints by post or email. If for any reason you are unable to make your complaint in writing, please telephone us and we will be pleased to help you.

 

 

Alternatively, write to us by post or by email making sure you include the following information:

 

your name, address and telephone number

the name of the judge / tribunal member / coroner, the court / tribunal hearing centre, the number of the case, the date of the hearing

specific details about the grounds of your complaint

Send your complaint to:

 

The Office for Judicial Complaints

4th Floor, Clive House

Petty France

London SW1H 9HD

[ThedaBara]

Some judges are good, some aren't. Sadly it can be luck of the draw. What is unusual is to award costs for SCT. Why did he do that?

 

I have never come across a good one... they definitely side with the represented parties...

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[sharburrys]

So what are the possible outcome?

If I were to appeal the case which I am not very sure if I am gone pass the time but if I do; how does it work? Why am I going to appeal the decision for?

Judge being unreasonable?

Judge's decision is allowing a potential tax evasion? As an individual I am paying the counsels vat and the company is reclaiming the vat that I paid for?

Judge s decision contradicting itself? - not enough evidence vs CPR27.14 being unreasonable?

 

Or may be the best reasons I can put the

The judge was having a bad day or even

The judge has a romantic relationship with the defendant

How many reasons can I list?

 

My last question

What is my legal right to start an online petition for the judge being investigated professionally?

[Vauban]

Why did the judge award costs against you? That is very, very rare on the Small Claims Track. What did the Judge say?

 

My (non-lawyer) understanding is that you cannot appeal on findings of fact (i.e. the judge's determination of what happened) but only either an error in law (i.e. a wrong legal principle applied) or an error of process/procedure.

 

But you have been so unclear about what actually happened, I'm not sure anyone can advise you on how to proceed.

[sharburrys]

Ok here is the details

 

A company Lorry hit my car whilst in parking position - company A

I hired a management company to arrange all the legalities rather than going through my insurance - company B

These guys went backwards and forwards for 1 year 4 months no outcome apart from repairing my car

 

My broken device in the car was left and I had to take time off as well as the management company went to my insurance which increased my premium next year

 

I took both companies to the court

1- for the damage and the loss of earnings based on traffic and motor act....

2- I took the other company for increasing my premium and taking time off from work as they have not fulfilled their promise as they said they would recover all my cost and damage

 

The judge came very sleepy and tired

And admitted that he didn't read the case asked the defendants counsel to represent the case to the judge

Then he listened to me however he said

"As you are representing yourself, the counsels will question you but you can't ask any questions to them"

Bear in your mind I am the claimant they are the defendant

Then he said

There is not enough evidence to prove or not report from the manufacturer whether the device is repairable or not and what is the repair cost as I only provided a like to like new device cost

Then he dismissed the case and added CPR27.14 defendant to pay their fees

[sharburrys]

No tracking was left

Apparently the case is not recorded and no notes were found

[sharburrys]

The defendants counsel was managing the case whole the way

One of the other counsel blamed me lying about the case the judge did not stop him

[sharburrys]

What is the way to appeal the case and get the judge being investigated?

[AndyOrch]

Have a read of PD 27

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27#8.1

 

You may appeal against a judgment in the small claims track only if the court made a mistake in law or there was a serious irregularity in the proceedings.

 

If you want to appeal, you must file a notice of appeal within 21 days from the date of the decision, unless the court has given a different time limit.

 

A fee is payable unless you are entitled to a fee remission.

 

If you want to appeal against a decision in the small claims track, you should consult a solicitor or an experienced adviser.

 

Regards

 

Andy

[sharburrys]

Thank you Andy

Nice to see you again,

What you are saying is basically I will need to swallow it up? Beside of my lack of experience? If the 21 days gone pass?

Also is this not a major mistake

 

1 - the decision contradicts itself with the case being dismissed because not enough evidence and paying the defendants fees in a small claims tracking

2- I was penalised to pay a VAT element which I have not been invoiced for

3 - conflict of interest the defendants counsel represented my case?

[sharburrys]

Ian still waiting for a response what will happen if I were to start an online petition against the judge?

Am I allowed to?

[sharburrys]

**i am

[citizenB]

Ian still waiting for a response what will happen if I were to start an online petition against the judge?

Am I allowed to?

 

We would not permit you to start an online petition on CAG for such a reason.

 

However, you could try one of the e-petition sites.

 

As to what would happen, who knows - some petitions take off, others don't. If you are able to start one on the government e petition site, you need a certain about of votes for it to be heard or dealt with.

[sharburrys]

So do i put the full name of the judge? Would it not be classified a kind of defamation of character?

[citizenB]

So do i put the full name of the judge? Would it not be classified a kind of defamation of character?

 

I think you would need to word your petition very carefully and certainly not name the Judge on a petition. A Judge, or A Judge sitting at X Court might be acceptable.

[AndyOrch]

Thank you Andy

Nice to see you again,

What you are saying is basically I will need to swallow it up? Beside of my lack of experience? If the 21 days gone pass?

Also is this not a major mistake

 

1 - the decision contradicts itself with the case being dismissed because not enough evidence and paying the defendants fees in a small claims tracking

2- I was penalised to pay a VAT element which I have not been invoiced for

3 - conflict of interest the defendants counsel represented my case?

 

Under a costs order VAT is recoverable on the costs being paid unless the party receiving the costs is a business registered for VAT. In that event that party will recover the costs through their VAT return in the normal way, and then just recover the net of that amount from the paying party. In other words, VAT is claimed back from the government or the payer, not both.

 

Sometimes a VAT registered person is only entitled to claim a proportion of their VAT back through the VAT return, not all of it. In that event they can claim the rest from the payer.

[ThedaBara]

We would not permit you to start an online petition on CAG for such a reason.

 

However, you could try one of the e-petition sites.

 

As to what would happen, who knows - some petitions take off, others don't. If you are able to start one on the government e petition site, you need a certain about of votes for it to be heard or dealt with.

 

Not sure a petition is the way forward….

 

 

Standards for petitions

We’ll reject your petition if it’s:

 

not clear what you're asking for

about something that the UK Government or Parliament is not responsible for

about something that’s the responsibility of a devolved body (eg the Scottish Parliament)

about a purely personal issue

confidential, libellous, false or defamatory

contains language that may cause offence, or is provocative or extreme in its views deceptive or misleading

advertising or spam

nonsensical, or a joke

party political

about honours or appointments – there’s a different way to nominate someone for an honour

breaks the law or violates intellectual property rights

covered by a court order, injunction or is about a case that’s active in the UK courts

potentially confidential, commercially sensitive or might cause someone distress or financial loss

names people working in public bodies (except for senior management)

names family members of elected officials or people working in public bodies

names someone who has been accused of a crime, or contains information that may identify them

a Freedom of Information (FOI) request – there’s a different way to make an FOI request