Civil Litigation: Application to set aside Default Judgement
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- Опубликовано: 3 окт 2024
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Here is a practice of an application to set aside a Default Judgement in a contract case. I represented the Defendant in this case, which I did for one of my advocacy classes. I hope you find this helpful.
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Well done. I question the frustration angle though...I think a counter would be arguing that as an experienced potato farmer, they would have reasonably foreseen a risk such as potato blight (I guess that was what caused the destruction of the crop). Once the risk was foreseeable then it would cast doubt on the applicability of the frustration doctrine.
Can you make an application to get the court fee cost back? I believe it is £275? Ridiculous that a Claimant can issue proceedings against someone (e.g. Wrong address), get a default judgment and enforcement. As a result the Defendant has to pay £275 to get the judgment set-aside - even though they knew nothing about it!
Exactly!!! Companies simply make loads of money just by sending random claims to random customers who tend not to reply to them, and by doing that all year long they will simply have a new income stream. I’m fighting one of those greedy people at this moment! Absolutely absurd system!!!!!
Wonderful and all the best for ur legal career!
Glad you enjoyed! And thank you 🙏
You are great! Thank you for uploading me for all your videos ❤
His obligation is to deliver goods to the buyer, its not the claimants fault there was no reserves available, which is a proper contingency of which may or may not be in the contract.
Force major is a liability clause, usually stating where there is no liability in those events, if the the defence has sold his entire capacity on a future contract without taking into consideration the liability that's the defendants issue of negligence, however its also negligent on the claimant for offering to buy and rely on the entire capacity given there is no liability, so in reality they must do better at business, the claimant isn't entitled to damages and should pay the defendants costs
I love the way you say "potatoes" 😁 hehe
When referring the judge to a document, it should be mentioned clearly to which annexure in the affidavit (and who's affidavit) contains the document you are referring to. i.e when introducing a document as evidence in your submission :-) Referring the judge to the document in the "documents" is incorrect with the basic Rules of Evidence.
I’m not looking for advice but have done lots of research. My default judgement was served when at a time I was homeless and during what would have been the litigation phase of this claim was in and out of a mental health hospital. I sent my N244 application for 2 days ago with no dispute the claim. Although I owe the amount owed would bring homeless and being in and out of a mental health hospital at this time, with providing evidence would be enough to set aside the CCJ?
Please did you go ahead with this and any updates as I am in the same position
@@edameo2435 I was in court yesterday for about 5 minutes. And the judge set it aside. It’s important though you draft a witness statement, draft defence and include any evidence. I included my medical records, emails regarding my abode. Best of luck. DM me if you need any advice/help
Hi,
Thank you so much for responding.
Yes please I really need help. How did you draft your witness statement please and how you spoke at court please?
Can I know the similar instance case name?
😍
Thank you for the video; it is really helpul.
However, I cannot uderstand some of the words of it
I’m glad it helped 😊 What don’t you understand ? X
*judgment ;)
Nah
*Your enunciation needs emboldening . You're squeezing and splattering the words in a very annoying manner inducing a loss of definition to the words as you speak.*
I was simply just practicing that’s all. This was in my first year on the bar training course. I have much improved since. Whilst I definitely am not doing civil anyway.
Thanks for your rather unkind comment 😊
Hello, what is your email please?Great video.
You can reach out to me on social media as stated in my description box😊😊
@@mckenzielaw2940 sorry, I am a bit old fashioned. It is regards a discrimination case that I require advice on. I will attempt to go via the SM.