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small claims track

small claims track

Postby jantra » Wed Mar 14, 2018 3:28 pm

we've made a claim against a non paying client via MCOL and the small claims track. D did not respond to the summons, and we requested judgement, which was given. However, after judgement was given, D has requested an application to set aside the judgement and on the same day a bar was put in place. The case was then transferred to Ds local court. This has appeared on our MCOL account today.

Is it normal for judgement to be set aside once it has been given when D did not respond to the summons by the due date? If so, is there anything we can do to ask J to ignore Ds request and for the initial judgement to stand? or do we have to go through proceedings to get judgement? or will it be the case the local court judge will decide whether judgement can be set aside and if so, whether to set a hearing date?
Last edited by jantra on Wed Mar 14, 2018 3:33 pm, edited 1 time in total.
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Re: small claims track

Postby atticus » Wed Mar 14, 2018 3:32 pm

It happens. Indeed this is the most common circumstance in which applications are made to set aside a default judgment.

A date will be given. You should receive a copy of the application and supporting statement.

You may oppose the application to set aside judgment. That does not involve the judge ignoring the application, but deciding the application and ruling one way or the other.

Read CPR 13. Did you give the correct address? Do you know that it is a current address?
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Re: small claims track

Postby jantra » Wed Mar 14, 2018 3:38 pm

we used their trading address, because they have advised previously that we are not to use their registered office address. it is a current address as it is shown on their website.

we also had to make a claim against an associated company, also at the same address, managed by the same people, who responded to this second claim
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Re: small claims track

Postby diy » Wed Mar 14, 2018 3:46 pm

For my own case the judge was explaining all this to me, when it looked like the defendant was a no show, when he walked through the door. If he's any chance of defending the claim, then they will give him a go. I was lucky as he was late and still unprepared :D It seems like this is a trick that people use to waste time.
My suggestions are not legal advice
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Re: small claims track

Postby atticus » Wed Mar 14, 2018 3:47 pm

You will be able to explain that to the judge if the address is an issue.
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Re: small claims track

Postby atticus » Wed Mar 14, 2018 3:48 pm

as to diy's point, a judge has to deal with cases justly. See CPR 1.
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Re: small claims track

Postby dls » Thu Mar 15, 2018 11:20 am

I would always serve at the registered address. It is his declaration to the world of where he wants things served. At best I would provide an additional copy to the other address.
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Re: small claims track

Postby atticus » Fri Mar 23, 2018 10:32 am

As a postscript, read this blog by Gordon Exall.
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