A Case of Judicial Familiarity

legal updates

The Judge has realised that he is a customer of the Defendant’s garage.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Picture the scene. You have been involved in a long running legal dispute of some 18 months or so.

Finally, the big day arrives where your case is in court for determination. Smartest suit adorned, a nervous drive to the court and some last minute “revision” of your case in the waiting room.  Your opponent arrives and glances duly exchanged. Are they nervous too? Has he come with a solicitor? Should I try to negotiate a settlement? Questions that the two of you are both secretly and silently thinking, probably simultaneously.

A small sip of water upon the parched throat as the clock ticks around to the time of the hearing. Cometh the moment and cometh……… nothing but silence. The clock ticks on and on before a sudden burst of activity as the court usher swoops upon the two of you as if from no-where. Then the least expected words fall from the usher’s lips: “I’m sorry but the court cannot hear your case today”.

The reason? “The Judge has realised that he is a customer of the Defendant’s garage”.

A recent, true story. The case had to be relisted for another Judge probably in 2016. But it made me think. Whoever would get to determine a case whereby, say (for illustration purposes only!) a party to proceedings happened to be Tesco?!

Profit BoxDevelop your people like your business depends on it

What most people don’t know is that talent development doesn’t have to be complicated, high risk or expensive. Once they integrate key development stages, the results can be remarkable. Empower your team. Lead your industry. We’re your strategic learning partner, driving performance by moving skills forward.

Jason WilliamsLegal AdvisorRead More by this author

Related Legal Updates

The law is not an exact science

We have all had surefire winners fail due to the smallest issue, but equally, we have all won cases that we had no right to.

Introduction of Small Claims Paper Determination Pilot Scheme

If you receive or issue a court claim which is subject to the pilot scheme, preparation of your claim or defence and statements will be crucial.

The real difference between claims under and over £10k

Litigation isn’t always just about having a strong argument, there are many factors that can help you win a case and reduce your risk.

See you in court… in a year or so…

Before deciding to issue or defend proceedings, it is important to consider how court delays may impact you as a business and as an individual.

Winning cases in court

The factors for the court to decide are: whether the breach was serious, why it occurred, and all other circumstances.

The court decided the case without me – what can I do?

The absent party first learns of the court session when they either receive the judgment from the court or are informed that there is a default on their credit file.

What’s in a name anyway?

Client was left with a completely unenforceable judgment that was many months old.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.