General Form of Judgment or Order

Before Deputy District Judge Morgan sitting at the County Court Money Claims Centre, Po Box 527, Salford,
MS OBY.

Upon reading an application from the Claimant
IT IS ORDERED THAT

1. Upon the Claimant having applied to enter judgment in default against one of two (or more) defendants, and
upon the court being satisfied that the claim against that Defendant cannot be dealt with separately from the
claim against the other defendant(s)
(a) the Claimant's request for judgment is refused; but
(b) the court will deal with the application for judgment at the same time as it disposes of the claim against
the other Defendant(s)

2. Because this Order has been made without a hearing, the parties have the right to apply to have the Order set
aside, varied or stayed. A party making such an application must send or deliver the application to the court
(together with any appropriate fee) to arrive within seven days of service of this Order. If the application
is one which requires a hearing, and
a) the party making the application is the Defendant; and
b) the Defendant is an individual,
then upon the filing of the application the claim will be transferred to the Defendant's home court. In all
other cases requiring a hearing the claim will be transferred to the preferred court.

Can somebody please kindly translate this? Thanks

Replies

  • MovingForwardsMovingForwards Forumite
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    1. The judge won't allow (your?) (default?) Judgement against the one defendant as the judge believes both defendants should be dealt with at the same time.

    2. If you're not happy with the judge's decision for point 1 (above), you can submit an application to the court setting out why you disagree with their decision. If the defendant submits the application the case will be transferred to their choice of court eg one local to them provided they are an individual and not a business.

    You have 9 days (7 + 2 allowing this order to be posted to you) from the date of the order to get the application in.
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