Have you been having problems with the courts recently?
I thought a post on this would be a good idea as I have had a couple instances recently where the courts have been plain wrong in the information they have given.
Often non lawyers think that if someone from the court tells them something it must be right. Because it is the court.
However it is important to realise that the person who answers your phone call (if you are lucky enough to get your call answered at all) or who deals with your query is unlikely to have had much (or perhaps even any) legal training. Its not like its the Judge speaking to you. You should not take it as gospel.
Some examples of problems with the courts
- A client who was using one of my legal kits contacted me recently saying that the court had refused to accept his claim because he had not written the case number on it. Which is crazy because a case can’t HAVE a case number until it has been issued!
- Then I sent an email to the court recently just to confirm that the file in an accelerated possession claim had been passed to the Judge on receipt of a defence. This is supposed to be done automatically but I thought I should check. The clerk told me that I first needed to send in form N206A. But this form is just for use where there defendant HASN’T filed a defence. (The order came along shortly afterwards anyway so maybe the clerk just had not bothered to check the file records).
- Then there are countless final orders which I have sent back to the courts over the years because the clerk typing the order up has got it wrong. A common error in possession proceedings is to say that the order was made under a discretionary ground when in fact it was made under a mandatory ground. An important point and one which needs to be correctly stated on the order.
What problems have you had?
NB If you are bringing your own claim >> click here