Summary judgment at CMC help

[andy&zoe]

Hi all

Looking for some help with a summary judgment in a civil matter county court.

 

I have been in dispute with a company who has issued a claim for damages totaling £6,000.

 

got the court papers, sent in a defence and got a CMC hearing date. unfortunately i was in hospital 2 days before the CMC and couldn't attend.

 

At the CMC hearing the claimant applied for Summary judgment (in person) he didn't submit an application form or pay a fee.

 

The judge at the CMC hearing granted his application and the Summary judgment hearing happened their and then.

 

The claimant submitted his evidence (very weak evidence at that) and the judge awarded him the full amount of the claim.

 

The help i need is can the judge do this because from what i have read this is not allowed as the summary judgment application has to be filed with the right fee including supporting evidence, send a copy to me and then a hearing date set in the near future that i could attend.

 

Any help would be grate

 

Thanks

[honeybee13]

Hello and welcome to CAG.

 

I'll move your thread to the general legal forum and leave a link here for you to follow. Did you let the court know that you were in hospital please?

 

My best, HB

[andy&zoe]

Hello thanks for the welcome

 

My son rang the court to tell them i was in hospital. the court staff didn't pass the message on to the judge, but my phone bill shows the call was made to the court and lasted 8 mins

[honeybee13]

That's useful to know, thank you.

 

The forum guys should be along later with advice for you.

 

HB

[Ganymede]

Hi all

Looking for some help with a summary judgment in a civil matter county court.

 

I have been in dispute with a company who has issued a claim for damages totaling £6,000.

 

got the court papers, sent in a defence and got a CMC hearing date. unfortunately i was in hospital 2 days before the CMC and couldn't attend.

 

At the CMC hearing the claimant applied for Summary judgment (in person) he didn't submit an application form or pay a fee.

 

The judge at the CMC hearing granted his application and the Summary judgment hearing happened their and then.

 

The claimant submitted his evidence (very weak evidence at that) and the judge awarded him the full amount of the claim.

 

The help i need is can the judge do this because from what i have read this is not allowed as the summary judgment application has to be filed with the right fee including supporting evidence, send a copy to me and then a hearing date set in the near future that i could attend.

 

Any help would be grate

 

Thanks

 

On what grounds did they request summary judgment?

[andy&zoe]

On what grounds did they request summary judgment?

 

Not sure. The claimant told me that because i didn't attend court he asked the judge for the case to be herd on another date. The judge refused and asked the claimant how he wanted to proceed. The claimant asked for summary judgment and the judge granted it. The summary judgment hearing happened straight away, the claimant gave his evidence judgment was awarded. end of case

[BazzaS]

Not sure. The claimant told me that because i didn't attend court he asked the judge for the case to be herd on another date. The judge refused and asked the claimant how he wanted to proceed. The claimant asked for summary judgment and the judge granted it. The summary judgment hearing happened straight away, the claimant gave his evidence judgment was awarded. end of case

 

Had you lodged a defence?

Edited : oops. The original post notes a defence had been submitted.

[Ganymede]

Not sure. The claimant told me that because i didn't attend court he asked the judge for the case to be herd on another date. The judge refused and asked the claimant how he wanted to proceed. The claimant asked for summary judgment and the judge granted it. The summary judgment hearing happened straight away, the claimant gave his evidence judgment was awarded. end of case

 

The Judge has case management powers to allow him to do it I'm afraid.

 

On what date did this all happen?

 

As you were in hospital at the time of the hearing you could apply to set aside/appeal.

[andy&zoe]

The Judge has case management powers to allow him to do it I'm afraid.

 

On what date did this all happen?

 

As you were in hospital at the time of the hearing you could apply to set aside/appeal.

 

The judgment was 3 weeks ago, I got the paper judgment Monday. Think the court was a bit harsh with the decision. The claimant paid the wrong fee amount to start the claim in the first place, he only paid £35 and he didn't have to pay when applying for summary judgment.

 

What makes me angry is it will cost me £155 to try and get the judgment set aside and start again.

[ThedaBara]

The judgment was 3 weeks ago, I got the paper judgment Monday. Think the court was a bit harsh with the decision. The claimant paid the wrong fee amount to start the claim in the first place, he only paid £35 and he didn't have to pay when applying for summary judgment.

 

What makes me angry is it will cost me £155 to try and get the judgment set aside and start again.

 

That seems very unfair...