How can we amend a small claims judgement

gittel

wealdroam wrote: »

Surely the simplest thing is to ask the court how you go about that?

It's helpful to have an idea of the correct procedure so we can make an informed assessment of the route we want to take before speaking with the Court when they open on Monday

wealdroam

So what have you found so far?

Ten seconds on google found me this:

http://www.justice.gov.uk/complaints/hm-courts-and-tribunals-service

Here's a short extract:

If you wish to complain about the administrative service you have received or the facilities provided please contact the court or tribunal office dealing with your case.

bris

gittel wrote: »

Cutting a long story short the sub-contractor issued a summons on an unauthorised offer of £740 made by our organisation's Treasurer because she'd had enough of his whinging.

You should realise that whilst you don't like it the treasurer formed a legally binding agreement by making this offer.


As a representative and treasurer of the organisation this acceptance will be legally binding. Any any other problems or contractual issues you may or may not have had are superseded at this settlement offer.


You can argue all day about it but the claimant went to court on the basis of the treasurers acceptance, he knew what he was doing when he went to court, it was a no brainer for him.

browneyedbazzi

Did the subcontractor do the work he was contracted to do?

gittel

browneyedbazzi wrote: »

Did the subcontractor do the work he was contracted to do?

NO - unless you call serial complaining work which we didn't. Hence our counterclaim for Breach of contract. After she made the offer to him we then found out that he had dissolved his company without telling us and had signed off the contract in his company's name two months after he had dissolved it.

There are also court directions that there appears to be a claim and that it could be found in our favour with the claimant having to pay our counter claim regardless of that email.

She would not have made that offer if she had known that the sub-contractor had dissolved his company. This only came to light quite recently

At the hearing when we explained everything to him he realised how bloody stupid he'd been to reject our original offer - he would have been £££ better off without all the aggro of having taken us to court simply because he wanted to have his day in court and show me up.

gittel

wealdroam wrote: »

So what have you found so far?

Ten seconds on google found me this:

http://www.justice.gov.uk/complaints/hm-courts-and-tribunals-service

Here's a short extract:

I've also found that it's possible to have an order set aside - but there are time limits and costs involved - of course to both.
It's also possible to go for a judicial review
so I'm back to my original post - what's the best option?

hollydays

gittel wrote: »

NO - unless you call serial complaining work which we didn't. Hence our counterclaim for Breach of contract. After she made the offer to him we then found out that he had dissolved his company without telling us and had signed off the contract in his company's name two months after he had dissolved it.

There are also court directions that there appears to be a claim and that it could be found in our favour with the claimant having to pay our counter claim regardless of that email.

She would not have made that offer if she had known that the sub-contractor had dissolved his company. This only came to light quite recently

At the hearing when we explained everything to him he realised how bloody stupid he'd been to reject our original offer - he would have been £££ better off without all the aggro of having taken us to court simply because he wanted to have his day in court and show me up.

I think you have to try to take the emotion out of this.

browneyedbazzi

Judicial reviews are much more expensive and time consuming than applying for the judgement to be set aside and are not really a substitute for appeals against a court ruling.

What were the reasons for the courts decision in ruling against you? I get the distinct impression that we're not hearing the whole story.

gittel

If he'd spent as much time working as he did complaining we'd have finished this project in 6 months

gittel

browneyedbazzi wrote: »

Judicial reviews are much more expensive and time consuming than applying for the judgement to be set aside and are not really a substitute for appeals against a court ruling.

What were the reasons for the courts decision in ruling against you? I get the distinct impression that we're not hearing the whole story.

Aha - that's what I thought so a JR is out of the question - no time or money for that - we've all got busy lives to lead.

They didn't hear our case - they didn't have any judges available because they'd run over on their morning schedule. The other side didn't want to come back and being the nice people we are we agreed to a 30 minute conciliation between ourselves. During that 30 minutes he - the other side that is - said he'd forgotten to tell us he'd changed his status, specifically it was just an oversight.

I suspect it's the same oversight that led to his forgetting to change the address on his drivers licence which is different to the official address he's given us and the Court. He used his drivers licence as evidence of identity for a DBS check.

What we're arguing about is that the order does not represent the fact that we reached this agreement at a conciliation which was merely rubber stamped by the court and does not reflect the facts on the day, i.e. we agreed to pay him £x as an ex gratia good will gesture without any admission of liability that we owed him the money .