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Help with Hearing Bundle !! (Set aside Default Judgment)

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Comments

  • 1505grandad
    1505grandad Posts: 3,968 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    A heads-up  -  WS states "IN THE NORTHAMPTON COUNTY COURT" on all pages  -  should be local Court?

    Also "Judgment" in this context does not contain a middle "e"  -  see the title on the Judgment you are exhibiting
  • bbwoi
    bbwoi Posts: 28 Forumite
    10 Posts First Anniversary Name Dropper
    Le_Kirk said:
    Looks like a standard "own space" defence added to the standard template and provided you have not made any changes after paragraph 9, should be OK.  In your witness statement you talk about a CCJ; is this a claim for a set-aside?
    Yes, the ccj was set aside in September. This is now to defend the original claim. 

    Gladstone have sent over my SAR documents today and there is no description or pgotography of the offence. Can I include this in my witness statement?
  • Le_Kirk
    Le_Kirk Posts: 24,970 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    bbwoi said:
    Le_Kirk said:
    Looks like a standard "own space" defence added to the standard template and provided you have not made any changes after paragraph 9, should be OK.  In your witness statement you talk about a CCJ; is this a claim for a set-aside?
    Yes, the ccj was set aside in September. This is now to defend the original claim. 

    Gladstone have sent over my SAR documents today and there is no description or photography of the offence. Can I include this in my witness statement?
    Why then do you refer to it in your recent documentation - paragraph 8 in your witness statement, which should now be about the defence of the underlying claim.
  • bbwoi
    bbwoi Posts: 28 Forumite
    10 Posts First Anniversary Name Dropper
    Why then do you refer to it in your recent documentation - paragraph 8 in your witness statement, which should now be about the defence of the underlying claim.
    Oops very silly mistake! Thank you for spotting this
  • bbwoi
    bbwoi Posts: 28 Forumite
    10 Posts First Anniversary Name Dropper
    A heads-up  -  WS states "IN THE NORTHAMPTON COUNTY COURT" on all pages  -  should be local Court?

    Also "Judgment" in this context does not contain a middle "e"  -  see the title on the Judgment you are exhibiting
    Ah of course! Thanks, will update these sections.
    I had no idea that Judgment and Judgement were different! :o
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Adding an "e"  is not only perfectly acceptable, it is the preferred spelling of  that great office of state, The Foreign Office., (or it was when I was there). 
    You never know how far you can go until you go too far.
  • Jenni_D
    Jenni_D Posts: 5,458 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    edited 5 October 2021 at 4:14PM
    https://proofreadmyessay.co.uk/writing-tips/spelling-tips-judgement-judgment/ :)

    When to Use Judgment in British English

    There is one exception to the rule above in British English: legal writing.

    If you’re referring to an official legal decision (e.g. the ruling of a judge), then, the standard spelling is ‘judgment’. For example:

    The court passed down the judgment shortly after midday.

    Jenni x
  • 1505grandad
    1505grandad Posts: 3,968 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    @Jenni_D -  I'm afraid you are banging your head against a brick wall  -  the esteemed member frequently posts this and similar despite all the expert members, including those legally trained, using the spelling that I post referring to the contextual setting and the actual title of the document.

    Not content with hinting that I am a liar in some posts, the esteemed octogenarian (I am less than a handful of years younger) is also the only member who posted that I am "useless" but, as I have responded before  -   ""Blue" Back".
  • Johnersh
    Johnersh Posts: 1,567 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    No need to exercise your judgement here, the courts hand down judgments.

    Interestingly the FCO aren't even consistent... Within a single document. They may well use either spelling: That certainly doesn't make them right 😂😁
    https://www.gov.uk/government/news/fco-statement-on-mau-mau-court-judgement 
  • bbwoi
    bbwoi Posts: 28 Forumite
    10 Posts First Anniversary Name Dropper
    Just before I send this off, I need your help please! I noticed that the Order from the court said:

    "Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on 22.9.21, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim be struck out."

    But Gladstones sent me the claim form on 24.9.21, 2 days later. Should I mention this? 
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