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CEL COURT HEARING NOW BEING HEARD OVER TELEPHONE DUE TO COVID 19 PANDEMIC.

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Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    It is still under small claims costs rules, so unless you behave unreasonably, no
    You will need the transcript, and that will be quite expensive as its not just the judgeemnt you need but the whole "hearing". I do not believe the audio recording is sufficient, on the basis that it never usually is allowable and all courts record audio. 
  • ncw2509
    ncw2509 Posts: 58 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    Would an appeal judge not have access to hear the audio hearing ?
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Go for it everyone here seems to think that the judge was a dud.  
    You never know how far you can go until you go too far.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Again, read what I said
    For a normal situation a transcript IS REQUIRED, despite the court case audio recoridng being available
    There is no reason to think this is any different, as there is still an audio recording availanble. 
    So, you will need a transcript, is my understanding. 
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    For a normal situation

    But ths is not a normal situation

    There is no reason to think this is any different,

    In my opinion there are several reasons.  
    You never know how far you can go until you go too far.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Such as? 
    An appeal requires a transcript. Unless you can find the court process has been updated to state it is not the case any longer, it remains the case. 
  • Snakes_Belly
    Snakes_Belly Posts: 3,725 Forumite
    Eighth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 9 April 2020 at 2:37PM
    I have very limited legal knowledge and we are in unprecedented times but I do think that you have been treated unfairly.

    Firstly you wanted a oral hearing. I understand this because the judge in my case wanted a papers hearing and I objected. Admittedly this was not during a pandemic. 

    You did however though ask for the case to be adjourned and the judge stated that telephone case should still take place. Apart from the legal issues (which CM has stated) the judge seemed to treat this case as if it was of little value and even stating so. If it was so trivial then why could it not be adjourned or dismissed?

    I cannot see that you will get the judgement overturned without an appeal which could be costly.

    The only other recourse which will not get your judgment overturned is to  complain about the judge to https://judicialconduct.judiciary.gov.uk/.  They will not be interested in the legal aspects of the case but in the judge's behaviour.  The fact that he trivalised your case may be cause for a complaint.  Each case is important to the individual. 

    Even if you did take this action and the judge was deemed to have made an inappropriate comment he would probably only get a slap over the wrist but it may make you feel better.





    Nolite te bast--des carborundorum.
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    I cannot see that you will get the judgement overturned without an appeal which could be costly.

    If it is overturned why will it be costly?

    .  
    You never know how far you can go until you go too far.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Getting that far will be costsly
    There is no g'tee you would get your costs returned. 
  • Snakes_Belly
    Snakes_Belly Posts: 3,725 Forumite
    Eighth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 9 April 2020 at 3:08PM
    "The DJ even said that this was a petty case"  
    But could not adjourn it or dismiss it.

    Nolite te bast--des carborundorum.
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