Author Topic: Small claim struck out  (Read 62 times)

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Vada_nevada

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Small claim struck out
« on: April 12, 2025, 08:55:41 pm »
I am a claimant for a small claim for negligence and breach of duty of care. I have been through all stages including mediation, offers and ended up having a preliminary hearing at court. I was late for the hearing for 3 minutes and was not allowed in by the judge. Later received a letter saying the following:
The claim was struck out (see attached). Reasoning is quite unclear to me, as well as the next course of actions.

I suppose, I can potentially appeal, as I was rushing on weekday with a newborn and the lift was out of order. The judge was very rude towards me and also the defendant failed on so many occasions with providing me documents.

Alternatively, I can start a fresh claim? Please advise.

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roythebus

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Re: Small claim struck out
« Reply #1 on: April 12, 2025, 09:06:12 pm »
The whole legal system is broken, I've had tussles with very rude and intimidating CC judges over the last 20 years. They messed my partner around with a substantial claim about 8 years ago, cancelling at the last minute, next session was som 4 months later at a court in town M, then moved t a day-s notice to town R, then we were delayed on the way to town R, phoned the court to advise of delays, only to be told the cae was at a court in town D starting in ten minutes. we were still 30 miles away at the time. My partner won her claim but never, ever, received any paperwork for the case which still remains only part-paid.

All I can suggest is to get the striking out order overturned if that is possibly. did you claim through MCOL? they are usually quite helpful.
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Vada_nevada

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Re: Small claim struck out
« Reply #2 on: April 12, 2025, 11:55:19 pm »
Please could you advise how to do overturning? Yes, I applied through money claim.
It took me almost a year of debating and filing several forms and letters, mediation, I have all the proof, yet there seemed to be such a disbalance in justice in my case. Defendant acts in such a dumb way just denying all legations without any evidence.