I errrr need to take the Court to Court?

[hyphen]

Ok, a strange one but can you take a court to a small claims court?

I had a hearing at a court, but on the day itself it got cancelled as no judge was available. Hoewever I paid my barrister, and need to recover the monies paid to this barrister.

The Court's operations teams are refusing to pay up, so can I file a small claims?

[BertBert]

What does your barrister say?

[Pica-Pica]

BertBert said:

What does your barrister say?

‘Americano or espresso?’

[carl_w]

How far down this process have you got? https://www.gov.uk/government/organisations/hm-cou...

If you've exhausted the HMCTS complaints procedure it sounds like you need your MP to refer you to the Parliamentary and Health Ombudsman. It seems they have some form in similar cases:

https://www.ombudsman.org.uk/about-us/how-our-case...

[hyphen]

BertBert said:

What does your barrister say?

When it happened, my Barrister advised me that in previous cases that she is aware of, the Court have paid out.

[Cascade360]

Your barrister will be self-employed, so you would need to sue your barrister not the court.

However, is it your barrister's fault that there was no judge available? Does your letter of engagement with said barrister entitle you to a refund of his fees if the court appearance does not proceed?

[hyphen]

carl_w said:

How far down this process have you got? https://www.gov.uk/government/organisations/hm-cou...

If you've exhausted the HMCTS complaints procedure it sounds like you need your MP to refer you to the Parliamentary and Health Ombudsman. It seems they have some form in similar cases:

https://www.ombudsman.org.uk/about-us/how-our-case...

Thank You. I have been down the complaints process so will file to ombudsmen. I have also sent a Letter Before Action and advised will seek to take to court and also that I will seek a judicial review.

[mcflurry]

Thought the whole point of small claims was that you didn't involve senior legal bods, so the costs were limited?

[Panamax]

Even in big cases courts don't "promise" a start time, lunch time, finish time or any other time.

You don't have a "contract" with the court so there is no breach of contract on which to sue.

I suspect that if they pay out it will be an ex gratia (voluntary) payment. Like manufacturer goodwill on a car.

Think of all the poor sods who get their NHS operations pushed back and back and back. Same problem.

[carl_w]

mcflurry said:

Thought the whole point of small claims was that you didn't involve senior legal bods, so the costs were limited?

The OP didn't say the original court case was a small claims.

[agtlaw]

Cascade360 said:

Your barrister will be self-employed, so you would need to sue your barrister not the court.

LOL.

[martinbiz]

Panamax said:

Think of all the poor sods who get their NHS operations pushed back and back and back. Same problem.

What a daft analogy, hardly the same problem, they haven't directly paid for the service have they? If it was a privately funded operation they wouldn't be paying twice, once for the cancelled one and again when it actually happens

[martinbiz]

agtlaw said:

Cascade360 said:

Your barrister will be self-employed, so you would need to sue your barrister not the court.

LOL.

Beat me to it, I'm also struggling with "is it your barrister's fault that there was no judge available"

[Cascade360]

agtlaw said:

Cascade360 said:

Your barrister will be self-employed, so you would need to sue your barrister not the court.

LOL.

Obviously suing your barrister is also a ridiculous course of action that would not succeed. For the avoidance of doubt, the suggestion was not to sue your barrister; it was that you will get nowhere trying to sue the court.

The suggestion was OP was trying to recover barrister fees from the court; if it was court fees, that's a different question.

[hyphen]

Cascade360 said:

Obviously suing your barrister is also a ridiculous course of action that would not succeed. For the avoidance of doubt, the suggestion was not to sue your barrister; it was that you will get nowhere trying to sue the court.

The suggestion was OP was trying to recover barrister fees from the court; if it was court fees, that's a different question.

Guys, Carl_w has already advised on the Ombudsman so going that route. Will also consider filing for a judicial review or asking the court for a formal policy to be publicly published, as I am sure many others will have given up by now, and there needs to be a official policy.

[Cascade360]

hyphen said:

Guys, Carl_w has already advised on the Ombudsman so going that route. Will also consider filing for a judicial review or asking the court for a formal policy to be publicly published, as I am sure many others will have given up by now, and there needs to be a official policy.

What are you trying to recover - your barrister's fees?

[carl_w]

Cascade360 said:

What are you trying to recover - your barrister's fees?

Am I the only person who's read the OP?

OP said:

had a hearing at a court, but on the day itself it got cancelled as no judge was available. Hoewever I paid my barrister, and need to recover the monies paid to this barrister.

The second link I shared was of a very similar case, where HMCTS were ordered to pay her an amount equal to the fees that "Ms W" had paid the barrister.

[anonymous-user]

martinbiz said:

Beat me to it, I'm also struggling with "is it your barrister's fault that there was no judge available"

I’d sue the judge as well.

As, why the fvck not? In for a penny in for a pound

[Caddyshack]

Powerfully Built Company Director said:

martinbiz said:

Beat me to it, I'm also struggling with "is it your barrister's fault that there was no judge available"

I’d sue the judge as well.

As, why the fvck not? In for a penny in for a pound

Yes, should ensure a good outcome to the actual case to be tried.

[hyphen]

Powerfully Built Company Director said:

I’d sue the judge as well.

Which Judge? There wasn't one. The admin bods forgot for assign one. Keep up at the back!

And you can't sue judges regardless.