Quizzes & Puzzles0 min ago
Going For A Re-Trial
Under what circumstances can you go for a re-trail in the small claims court over a civil case?
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if you have not been heard
then apply to have the verdict set aside
( clearly there are rules and fees)
and if the case HAS been heard but you didnt turn up,
then only on an error of law - which is pretty hard to distinguish if you didnt turn up
So it isnt like judge Judy where these things go on forever etc
but follows a rule called res judicata - where you have one go and that is it ....
if you were there on the day - you wil have heard the district judge say this
then apply to have the verdict set aside
( clearly there are rules and fees)
and if the case HAS been heard but you didnt turn up,
then only on an error of law - which is pretty hard to distinguish if you didnt turn up
So it isnt like judge Judy where these things go on forever etc
but follows a rule called res judicata - where you have one go and that is it ....
if you were there on the day - you wil have heard the district judge say this
We really need Barmaid's assistance here. (She's a barrister specialising in civil law).
However my understanding is that you'd need to show either the judge erred in his/her application of the law at the original hearing or that the court had been misled in some way (e.g. by someone fabricating evidence). Simply having omitted to supply relevant information would not be grounds for having the matter referred back to court.
However my understanding is that you'd need to show either the judge erred in his/her application of the law at the original hearing or that the court had been misled in some way (e.g. by someone fabricating evidence). Simply having omitted to supply relevant information would not be grounds for having the matter referred back to court.
This happened to my husband some years ago, judgement went against him because he failed to attend court. He had health issues and we had submitted our response by email and informed the court he couldn't travel (we live on the Wirral, case heard in London).
Long story very short, the judgement was set aside on the grounds that there was more to the case than was originally told to the judge. We did get a solicitor involved for this part (I did everything else, tough) My husband managed to travel down for the "retrial" and he won the case, even the appeal of the other party was turned down.
Long story very short, the judgement was set aside on the grounds that there was more to the case than was originally told to the judge. We did get a solicitor involved for this part (I did everything else, tough) My husband managed to travel down for the "retrial" and he won the case, even the appeal of the other party was turned down.
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