UK Property Law
Get UK Property Law Questions Answered by Experts
The claim is for £4,400
He reasons for missing the hearing was that he was late due to road works, following a tractor and a road accident
The money owed to me was for services provided for a project in russia
He claims he doesnt owe me the money as the project was never completed to client requirements
The fact is that it would never be completed to his clients requirements because he specified incorrect equipment
In all honesty, on these facts, there is probably no pointin objecting to his application to have the judgement set aside because if hehas a reasonably plausible excuse and if he was was suitably apologetic to thejudge, then the judge will allow the application.
The decision is yours as to whether you oppose theapplication or not, but if it was my time, I would not attend court but I wouldwrite to the court and apologise for not attending would say that you are doingit to avoid wasting court time and that you have no objection to the judgementbeing set aside and for it to proceed to a full hearing.
It is important to emphasise that you are not dropping theclaim, but simply agreeing that it can be set aside in the short term.
Can I help any further?
He is attending the hearing, am I correct in thinking the judge will want a good reason for falling to attend, ok understand what you say and also that he as a suitable defense to move forward.
I dont mind it taking up my time, would I be allowed to put questions to the defendant and make comment
Actually sayingthat you are not objecting and you are simply agreeing to this to avoid wastingcourt time, as you believe it can be dealt with without a hearing, is aperfectly adequate reason.
You can putquestions to him on the day. If you want to attend court, and indeed you canobject to having it set aside. But in my experience, he will get it set aside.
However, thishearing is only about having the judgement set aside and not, in respect of theactual matter which you are suing over. The court just needs to satisfy itselfthat he has a reasonable prospect of defending the claim and that he doesactually have a defence, it does not, at this stage, after satisfy itself thatthe defence has merit
Do I just object on the day or do I need to send in a form or letter