The County Court system – A complete U Turn?

legal updates

You can now specifically ask for set aside applications to be determined with no hearing, at a reduced price of just £45.

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.

Sometimes a person involved in a county court dispute will need to make a straightforward written Application to a Judge to determine a side issue that is separate from the main dispute. 

Often this is an Application by a Defendant requesting the court to “set aside” a judgment that has automatically been given because the Defendant did not meet a deadline.  The reason could be that the claim was posted over the Christmas holiday whilst the Defendant’s business was closed or that they did respond to the Claim but that the court never received the paperwork.  The application form invites you to state whether you want a personal / telephone hearing or for your request to be considered without any hearing.

Even where the paperwork is straight-forward and includes, say, a Post Office proof of postage to the court and despite asking for the matter to be handled without the need for a hearing, the courts seemingly always, without fail in the writer’s own experience, insist on a face to face hearing for which the fee is £80.  Often there would be little if anything to add to what was on the application, while the hearing may only lasts 5-10 minutes.  Of course travelling to the court adds significant nuisance value.

I was delighted therefore to learn last week that you can now specifically ask for such applications to be determined with no hearing, at a reduced price of just £45.

However, I was more than surprised to read an (unrelated) Order from another court stating that an entire dispute with a value of almost £10,000 was being determined without the need for either the Claimant or the Defendant being required to attend!  The Claimant has to now pay the court over £300 for a Judge to simply read the paperwork and to make a decision.  Whilst this would be understandable if the entire dispute hinged on points of law only, it is a dispute over the facts based on conflicting versions of events.

So, if this is anything to go by, the next time Mr or Mrs Angry screams “I’ll see you in court” – they may actually be screaming in vain.

NOTE:- Where you believe significant disadvantage will result if you do not appear in person, you can insist all parties are present on your day in Court.

Impression Communications LtdPutting the motive in automotive

Impression works with businesses across the automotive aftermarket supply chain such as parts suppliers, warehouse distributors, motor factors and independent garages. Covering all aspects of automotive aftermarket marketing, including social media, event management, customer newsletters and PR, Impression is able to quickly establish itself within a client’s business and work towards their objectives.

Dennis ChapmanIn remembrance of Dennis Chapman 1951 -2015Read 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.

Cost of living increase

With the increase in cost for just about everything, we anticipate that consumers will be feeling the squeeze and therefore, will either seek to reject vehicles or request for repairs to be undertaken.

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.

Ambush! – Application to revisit determined arguments and introduce new claims refused

The judge merely allowed for fixed costs in accordance with the Small Claims Track cost regime

Opportunistic and misconceived claim for psychological harm struck out at a preliminary hearing

Consumer seeking to throw everything and the kitchen sink at our member in the vain hope that something might just stick

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.