Obeying County Court Directions – does it actually apply to consumers?

legal updates

The leniency shown by one District Judge in favour of a consumer seems rather bizarre.

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.

Court directions in the run up to a hearing are not to be ignored and if they are, cases can be struck out. 

However, the leniency shown by one District Judge in favour of a consumer seems rather bizarre. 

This is what happened:

a.    Consumer’s Particulars of Claim so vague that our client had no specific detail to defend.

b.    Parties ordered to send the court a Witness Statement by a certain date. Client did but consumer did not send one at all.

c.    Consumer asked for the hearing to be moved by a week – granted.

d.    Hearing day – consumer does not show up as still on holiday – but sends his mother instead!

e.    Mother tries to give Judge a Witness Statement in the form of letter – signed by her on her son’s behalf!

Outcome: Telling off by the Judge to consumer’s mother – but case adjourned until next year!  Our client left court still not knowing what he was attempting to defend!

HowdenCompetitive, comprehensive, quick

One of the largest independent specialist motor trade brokers in the UK. Our extensive history of supplying insurance to the motor trade means we understand your business needs. By partnering with a specialist insurance broker like us, you get exactly what you need to protect your business.

Jason WilliamsLegal AdvisorRead More by this author

Related Legal Updates

Nominal Damages

The aim of the court in civil litigation is to put the parties back in the position they were in had the contract not been breached.

Look what you could have won!

The judge was of the view that it would be inappropriate to require our client to proceed blind or adjourn and prejudice their position.

Strange things are afoot with the Online Claims Portal!

It is now absolutely imperative that all claims received by clients are forwarded to us upon receipt as any delay might prove fatal to one’s cause.

Implications, assumptions, and confusion – why being clear on your actions could be key to winning

The diagnosis showed the third-party garage had failed to repair the vehicle to a satisfactory standard and this was relayed to the consumer.

Burden of proof? Get your evidence while you can!

The burden of proof reverses for issues raised between 30 days and six months of ownership.

Your Evidence Is Vital

As opposing witnesses give different accounts of what has happened, some cases really will hinge on which version of events the judge prefers.

Claim Dismissed: No Proof of Fault at Purchase

Our member argued that numerous issues could have caused the overheating and ultimate failure.

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.