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I have court hearing for permission to appeal on Monday 20th…

Customer Question
Hi, I have court...

Hi, I have court hearing for permission to appeal on Monday 20th Nov at 2.30pm. I was admitted to the hospital on Sunday night and discharge late on Sunday night, suffering from vomiting & chest pain, discharge note states to stay away from work for 3 days to clear. I phoned the Court clerk at 9am, she told me it will be de listed, I then got the discharge note form GP and forward in an email to court at 10.30 "further to my phone call please find attached ect ect ...requesting adjournment". I have received a received response from courts email. However court clerks did not put email and not in front of the judge, case dismissed. What can I do to correct the courts error?

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London, UK

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Submitted: 7 months ago.Category: UK Law
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Answered in 7 minutes by:
11/22/2017
Solicitor: Jamie-Law, Solicitor replied 7 months ago
Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 7,482
Experience: Solicitor
Verified

Hello my name is ***** ***** I will help you with this.

Have you got evidence that you were in hospital?

Will they write and confirm this?

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Customer reply replied 7 months ago
had a hosiptal discharge note showing diagnoses and advice to follow. They received it but didnt put it in front of the judge
Customer reply replied 7 months ago
These are the evidence sent. My hearing was final oral permission to appeal hearing.
Solicitor: Jamie-Law, Solicitor replied 7 months ago

Ok. You need to apply to set aside.

You do this using form n244

https://formfinder.hmctsformfinder.justice.gov.uk/n244-eng.pdf

Include the medical evidence. The court will list it before a judge and decide whether to set aside.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

If you have evidence then the court should set it aside.

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Customer reply replied 7 months ago
If its listed does that mean fee is for an oral hearing?
Solicitor: Jamie-Law, Solicitor replied 7 months ago

No, just to consider the application. Nothing else.

Does that clairfy?

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Customer reply replied 7 months ago
When i they the fee £100 on paper and £200 for oral hearing. If its listed, does mean i have to turn and plead. If so is fee 200 or 100? Thats my last q promise
Solicitor: Jamie-Law, Solicitor replied 7 months ago

You need to pay £100 for this aplication to be considered.

Does that clairfy?

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Customer reply replied 7 months ago
thank you
Solicitor: Jamie-Law, Solicitor replied 7 months ago

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the top of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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Customer reply replied 7 months ago
Hi, apologies for the delay in providing the rating, had to follow the advice in order to provide the rating. I got the form, but it would have been useful to know that to set aside the order had to be under CPR39.3, which contains the requirement. The form is correct but the fee is also £255 not £100.
Solicitor: Jamie-Law, Solicitor replied 7 months ago

Its £100 without a hearing and £255 with a hearing.

39.3 is failure to attend trial - its not that.

You can apply to set aside within 7 days if you do not attend.

Does that clarify?

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Customer reply replied 7 months ago
I failed to attend the oral hearing due to my illness, then the order that dismissed my appeal, do I not need to make an application under CPR39.3 to have that set order aside due medical reason and the get new hearing date?
My original hearing was at central London County Court Thomas more building.
Solicitor: Jamie-Law, Solicitor replied 7 months ago

Yes, you need to make an application.

It needs to be referred to a Judge.

So you are applying to set aside with medical evidence.

Does that clarify?

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Customer reply replied 7 months ago
I was a bit confused when you said "39.3 is failure to attend a trial....its not that? what else could it be?Also, fees 100 on paper and 255 with hearing, is setting a side always with a hearing?
Solicitor: Jamie-Law, Solicitor replied 7 months ago

No, it was not a trial, you are making an application to set aside.

The court has jurisdiction to hear it under part 3

Does that clairfy?

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