County Court Situation

BobaFettt

Last week, I had a small claims court case, the details of which isn't really important as my question is about the judge. I lost the case, but it seems to me that the judge was having a bad day and he took it out on me! The person who had taken me to court had included all fees and the income loss for the day were included in the total amount that he claiming against me. But at the end the judge decided to add the fees and the another £95 on top of what he was claiming again, and almost doubled the amount the I have to pay now.

I tried to explain to him that he was making an error but he wasn't hearing me and threatened to kick me out of the room. Does that seem normal? Is there a way to make a complaint about this judge and maybe get another hearing? I feel that the decision was really unfair, and his general attitude towards me was really dismissive and disdainful.

Just to clarify, the following is the details of the break down of the claim:
£90 refund for the service that he has paid for
£60 filling fee
£80 hearing fee
£20 travel costs
£350 income loss for attending court on the day

Total £600

After deciding in his favour the judge added the following on top of the amount claimed:
£60 filling fee
£80 hearing fee
£95 income loss

Resulting in the amount of the claim going up to £835

keithdc

BobaFettt wrote: »

Last week, I had a small claims court case, the details of which isn't really important as my question is about the judge. I lost the case, but it seems to me that the judge was having a bad day and he took it out on me! The person who had taken me to court had included all fees and the income loss for the day were included in the total amount that he claiming against me. But at the end the judge decided to add the fees and the another £95 on top of what he was claiming again, and almost doubled the amount the I have to pay now.

I tried to explain to him that he was making an error but he wasn't hearing me and threatened to kick me out of the room. Does that seem normal? Is there a way to make a complaint about this judge and maybe get another hearing? I feel that the decision was really unfair, and his general attitude towards me was really dismissive and disdainful.

Theoretically, you could appeal... But there are limited grounds for an appeal and unlikely any apply here.

What did you do to upset the judge? Telling a judge they are wrong is generally a bad idea.

[Deleted User]

This is not a Consumer Rights question, I'm afraid, and without the proper details there is little to be gained from discussing it on a public forum.

You need professional legal advice if you wish to appeal.

It does seem strange that the judge threatened to have you removed (unless you were shouting aggressively etc ). Are you certain the judge awarded monies that were already included in the claim against you? Did he not just award additional costs?

BobaFettt

Moneyineptitude wrote: »

This is not a Consumer Rights question, I'm afraid, and without the proper details there is little to be gained from discussing it on a public forum.

You need professional legal advice if you wish to appeal.

It does seem strange that the judge threatened to have you removed (unless you were shouting aggressively etc ). Are you certain the judge awarded monies that were already included in the claim against you? Did he not just award additional costs?

Yeah the claimant had made a list of the things he was claiming for, the fees and the income loss for the day were on that list, furthermore, he had put £350 for income loss of the day whereas the maximum is £95! The judge added another £95 on top of that and added the fees again, that doesn't seem right at all!

KeithP

Legal Beagles forum may be able to help. Google it.

My understanding is that they can award extra costs in the case of unreasonable behaviour, e.g. over that £95 limit you mention.

[Deleted User]

See a solicitor..

BobaFettt

keithdc wrote: »

Theoretically, you could appeal... But there are limited grounds for an appeal and unlikely any apply here.

What did you do to upset the judge? Telling a judge they are wrong is generally a bad idea.

I really don't know, I never raised my voice or anything like that. To be honest, I don't think judges should have the right to financially punish people if they upset them.

[Deleted User]

BobaFettt wrote: »

I don't think judges should have the right to financially punish people if they upset them.

I think that's called "contempt of court".

BobaFettt

Moneyineptitude wrote: »

I think that's called "contempt of court".

So they can do that? I thought contempt at court would result in a small fine or just being sent out, and not increasing the amount that's being claimed.

steampowered

It is possible for people to claim up to £95 for loss of earnings in small claims track, without demonstrating unreasonable behaviour.

BobaFettt

steampowered wrote: »

It is possible for people to claim up to £95 for loss of earnings in small claims track, without demonstrating unreasonable behaviour.

Yes, but the judge has awarded him with £445 for income loss of that day.