How can we amend a small claims judgement

browneyedbazzi

What was he doing? Was he contracted based on time or based on results? If the former, and he showed up when he was supposed to, then not achieving the desired result is largely irrelevant - and the organisation not effectively managing the contract is as much to blame as the lax contractor. If he put in the hours he was supposed to then you need to pay him - whether that is his ltd company or him as an individual - I'm guessing that is why the court found in his favour. You seem focused on the fact that his company dissolved but I'm not sure that has much relevance to the organisation owing him payment for his time.

I also have to agree with the poster above who said you need to take the emotion out of it. The court isn't interested in how you feel or your dramatisation of events. The court is interested in fact and legal position.

gittel

browneyedbazzi wrote: »

I get the distinct impression that we're not hearing the whole story.

There's too much to tell and not enough time to tell it in. The key issue is the most effective way to get a positive result, i.e. getting that order amended and an apology - is that too far-fetched - from the court for bungling our case which they say in their orders that we "appear to have a case to be heard".

gittel

browneyedbazzi wrote: »

What was he doing? Was he contracted based on time or based on results? If the former, and he showed up when he was supposed to, then not achieving the desired result is largely irrelevant - and the organisation not effectively managing the contract is as much to blame as the lax contractor. If he put in the hours he was supposed to then you need to pay him - whether that is his ltd company or him as an individual - I'm guessing that is why the court found in his favour. You seem focused on the fact that his company dissolved but I'm not sure that has much relevance to the organisation owing him payment for his time.

I also have to agree with the poster above who said you need to take the emotion out of it. The court isn't interested in how you feel or your dramatisation of events. The court is interested in fact and legal position.

http://static.moneysavingexpert.com/images/forum_smilies/beerchug.gif


Assumptions are all unfounded. The JUDGE left us and my witnesses to our own devices to reach our own decision with the other side. We all felt very confused by this turn of events because we had reasonably expected our case to be heard and the facts elicited which never happened

The Judge DID NOT MAKE ANY comments on any decisions reached because our case was dumped on him with less than 5 minutes and he had no knowledge or understanding of our case.

He expressly stated that if he were to get involved then he would need an hour to read the papers, 2+ hours to hear our case with 2 witnesses which he said they weren't expecting - and the earliest the court could hear our case properly on that day would be at 3pm. The other side had a meeting elsewhere at 6pm - c. 3 hours from the court.

gittel

we've ruled out judicial review for reasons of time and costs leaving complaint and application to set aside. So I just need to know the prospects of a successful outcome if we go for one or both of the two remaining options, i.e. complaint or application to set aside.

It looks like there are strict time limits for setting aside - does time limit apply from date of receiving the order or hearing date. We've only just received the order whereas the hearing was c. 2 weeks ago.

stevemLS

A court order reflects what is ordered, not how they got to that position.

You have no prospect of having the order set aside.

A complaint won't change the order.

Was it a consent order? It must have been given what you describe.

hollydays

If you went off and had a conciliation at the judges suggestion, presumably the inference is that you agreed to this? You could have insisted on coming back at a later date.You had already adjourned twice.This is all costing court time and money.
I also don't understand how they originaly made a date when one of your witnesses wasn't available- don't they ask you to mark down unavailability at the time you fill in the form?

bris

Basically what you are saying doesn't make sense, the judge didn't just toss a coin and heads was the winner. They don't let both sides come to a decision unless both parties agree with it, as you don't agree then what you are saying is impossible.


There had to be something that made the courts decide in their favour. You have the judgement, whether you agree with it or not your going to have a hard time getting this set aside.


Your not going to get anywhere on a forum, there is nothing anyone here can tell you about your case, you need a professional to sit down with all the paperwork and give a real opinion.