Urgent small claims appeal help required please

tinytin

Hey everyone.

I would be grateful for some urgently needed advice as im getting a lot of conflicting info and don’t know what to to do in the small claims.

Summary of Case:

Im the defendant. Claimant made a ficticous claim against me with very little detail of the basis of his small claim.

I replied it was impossible for me to defend a claim on such little information that consisted I owed xx amount only with no reasons.

Anyway the case went as follows:

1. Hearing date set, I wrote to court in ample time within CPR rules to ask for a strike out on the above reasons, or ideally if not allowed an adjournment because of sickness.

2. Court staff advised I now have to wait for a judge to reply and the new hearing date.

3. The hearing went ahead, despite me calling that day to ask if listed, court staff did not know as they said they were short staffed.

4. Got the judgement for claimant, asked court staff who said they made a mistake in not forwarding my letter to judge before.

5. They advised to submit n244, explain the reasons and ask for it to be set aside. They said to make it quick request a paper hearing as oral hearings take months to get a date. I found later that the telephone hearing I requested I could have which staff said was not possible was in fact possible.

6. The set aside hearing was struck out for non attendance of both parties, no more info on judgement.

7. I asked court staff if my submission had been submitted they said yes, but no idea if judge saw it. They advised I appeal to circuit judge.

8. Appealed to circuit judge requesting oral hearing. He took a long time to grant this.

9. Attended appeal, and found out by Judge it was permission to appeal only. He basically gave me a few mins to state my case and then just summed up the chronology of the case and dismissed it, I had no chance to address points or mention other points.

10. I must also mention I was on sick leave for the n244 hearing as well but did not mention it at the time but put it in papers to the circuit judge who did not appear to notice in his summing up.

11. Now I have 14 days to appeal. But don’t know what to do as I have so much conflicting advice from court staff and solicitors, ive wasted so much money on fees , never done a court process like this on my life and am totally angry the claimant has got away scott free with his fictous claim.

Options Ive been advised:

1. Request another appeal to the civils appeal office at the high court, some say its possible others say it is not and that the case is now closed to challenging it in any way.

2. Another option is to request a reinstatement of the N244 hearing that was struck out, on the basis no judicial decision had yet been made on the actual case itself to set aside rather it was strike out for non attendance. Im confused however as the appellant judge mentioned to the court staff the n244 judge had the paper work in front him, yet his judgement makes only reference to struck out as of non attendance of both parties.

3. Last point im not sure if the appellant judge refused permission to appeal the n244 set aside hearing or both the original and the n244 hearing, he mentioned the original hearing briefly but concentrated on the n244 chronology stating we requested a paper hearing.

So here I am hoping someone could give me any other options or advice on how to best proceed, case law, precedents etc would be very very welcome. I really don’t want to spend more on court fees but all I want is the original hearing set aside so I can present my case and show how ludicrous the claimants claim was.

Surely if someone is sick and through fault of their own they cannot attend and gave appropriate notice they should be give an adjournment at least and why should I be held responsible for the court staff incompetence.

Please please please can any one rescue me from this nightmare….

unholyangel

Do you have a link to the judgement? What a judge says when giving judgement can be informative as to why they decided as they did and whether they're allowing appeals and on what basis.

But ultimately, anyone giving advice on here isn't doing so professionally. You said you've had advice from solicitors so what have they said? Are you able to show there has been an irregularity in the proceedings or that the judge erred in law?

If memory serves, you can't appeal even if the judge made a mistake in the "facts" of the case - only if they made an error in law (ie that their judgement conflicts with relevant - or more relevant - case law). Its a major flaw within our legal system imo but I understand its likely there for practicality (in that near every single judgement would end up being appealed as the losing party didn't think the judge came to the right conclusion).

tinytin

Hi,

Many thanks for the reply.
Its a small claims so no link to judgement I know of.
The Solicitors have said
1. appeal the refusal to appeal by circuit judge to the high court civil appeals, although some said thats not possible and its the end of the road.
2. Attempt another n244 to reinstate the set aside hearing that was not attended on the basis of providing a sick note. This would not go against the appeal decision as no judicial decision on the case had yet been made. however ob=nce agin some solicitors are in two minds on whether this also is possible, some saying yes the others no.
I recall case on oppression by court staff but cannot get the link.
Also does anyone know of what would be considered 'compelling reasons' as a basis to seek permission to appeal at the high court, i was wondering if miscarriage of justice could be considered compelling enough?

Marktheshark

The only reason you need is the judgement is incorrect in law.
However failing to turn up wont help your chances of getting an appeal.

They do not do sick notes or excuses.

tinytin

hi,

i would think sickness, or court staff advising a hearing is not taking place by phone would suffice as a good reason?

Any thoughts any one on my previous post please anyone?

hollydays

Why don't you just simply tell us what it's all about?
You use the word fictitious but you surely have knowledge of what this is actually about?
By avoiding putting details you make it difficult for anyone knowledgeable to give you advice.

tinytin

The issue concerns the procedural side at present. Which I require help with.

However if it helps the case is this.

Claimant claimed xx amount of money, with no reason attached. My relationship with claimant was that of his Landlord and any money recieved was only for rent under an AST. I have the rent statement and he was actually in arrears when he left. So I cannot fathom how or why the money was owed and I stated that in my defence requesting strike out or further clarification on the claim but the judge did not address that at any point.

Thus far the only way to gain this is for a hearing into the case by setting aside the first hearing small claims decision but Im stuck on if allowed to appeal further or alternative route such as possible reinstatement of struck out n244 hearing.

Advice and comments appreciated.

TonyMMM

If you are paying solicitors for advice ( and they seem to have told you what the appeal options are) , as mentioned on previous posts then you should take it.

A disputed claim does not make it fictitious.

You haven't said what the size of the claim (and judgement) against you is, weighing that up against the potential costs of further appeals is important.

arcon5

How much is the judgement for?