court ordered claim cancelled

[gbd]

Just to add, that it is very encouraging to see that the judge has actually given liberty to apply to set aside the stay. This does indicate very strongly that it really is on his own initiative and that he is not following orders from on high.

I would recommend that the stay be challenged. There are lots of good arguments

 

 

The judge has no option but to give liberty for either side to apply for his order to be set aside. Under the CPR, any order made by the court without representations from the parties can apply to be set asside.

 

On the wider issue I beleive this is a red herring. If my memory serves me correctly (I've just tried to do some research on the Internet but didn't get very far) Legal Precedent can only be set by the Court of Appeal and the High Court. So while the higher courts may make rulings which the lower courts can consider, they are not binding as legal precedent until the Appeal Court or the House of Lords have agreed them (possibly the Royal Courts of Justice / High Court as well).

[gbd]

Just answered my own question - this is from the Darlington Council website (Legal Sources)

 

Precedent can only be set by the High Court and above.

 

On the HMCS website, it lists the seperate courts which make up the High Court as:

 

Commercial Court

Admiralty Court

Administrative Court

Chancery Division

Court of Appeal Civil Division

Family Division

Patents Court

Queen's Bench Division

Supreme Court Costs Office

Technology & Construction Court

Companies Court

Bankruptcy Court

Principal Registry of the Family Division

Royal Courts of Justice

 

The only listings I can find for Mercantile Courts are in connection with County Courts. So I don't think they are part of the High Court.

 

Is there a friendly lawyer on here who can clarify?

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It is also worth pointing out that precendents only affect "points of law".

 

In the case of bank charges, there is no point of law which has been offered by any bank in any of its defences. Therefore the two previous precedents (set by higher courts) about genuine costs stand.