Can you claim costs from a judge?
Discussion
My wife has just been to a district court.
The judge who has been hearing the case was not available, and so the case was scheduled to continue under another judge. But the second judge claimed he didn't understand the case and ordered that everyone must come back to have the case heard by the original judge at a later date.
A day wasted. A day of solicitor's time wasted. Waste journey (court 45 miles away). Wasted everything.
Is there any redress from something like this? Would there be any point if there is?
The judge who has been hearing the case was not available, and so the case was scheduled to continue under another judge. But the second judge claimed he didn't understand the case and ordered that everyone must come back to have the case heard by the original judge at a later date.
A day wasted. A day of solicitor's time wasted. Waste journey (court 45 miles away). Wasted everything.
Is there any redress from something like this? Would there be any point if there is?
Edited by corporalsparrow on Thursday 12th May 12:52
s off the guy who's going to be making the decision in your case? 
corporalsparrow said:
He won't be. He was supposed to be but found it all too complicated. So he's now passed it back to the original judge (who was supposed to be there in the first place).
And do you know why that first judge was unavailable?Perhaps another case over-ran?
Perhaps he was head-first down the bog with a bucket under the other end?
But, no, you've just decided that he was having a skive, haven't you?
Would you rather the second judge had shrugged, and got on with it despite not actually being up to speed on the issues involved? Would that be less of a waste of your time and energy?
Nanook said:
TooMany2cvs said:
And do you know why that first judge was unavailable?
Perhaps another case over-ran?
Perhaps he was head-first down the bog with a bucket under the other end?
But, no, you've just decided that he was having a skive, haven't you?
Would you rather the second judge had shrugged, and got on with it despite not actually being up to speed on the issues involved? Would that be less of a waste of your time and energy?
Dude. Chill out.Perhaps another case over-ran?
Perhaps he was head-first down the bog with a bucket under the other end?
But, no, you've just decided that he was having a skive, haven't you?
Would you rather the second judge had shrugged, and got on with it despite not actually being up to speed on the issues involved? Would that be less of a waste of your time and energy?
No-one accused anyone of having a skive.
Calm your tits.
Now, about that second judge...?
TooMany2cvs said:
Would you rather the second judge had shrugged, and got on with it despite not actually being up to speed on the issues involved? Would that be less of a waste of your time and energy?
Yes....he was supposed to have read the notes beforehand and so be up to speed....but hadn't. TooMany2cvs said:
And do you know why that first judge was unavailable?
Perhaps another case over-ran?
Perhaps he was head-first down the bog with a bucket under the other end?
But, no, you've just decided that he was having a skive, haven't you?
Would you rather the second judge had shrugged, and got on with it despite not actually being up to speed on the issues involved? Would that be less of a waste of your time and energy?
So in other words Judges can do what ever they like.Perhaps another case over-ran?
Perhaps he was head-first down the bog with a bucket under the other end?
But, no, you've just decided that he was having a skive, haven't you?
Would you rather the second judge had shrugged, and got on with it despite not actually being up to speed on the issues involved? Would that be less of a waste of your time and energy?
TooMany2cvs said:
hunton69 said:
So in other words Judges can do what ever they like.
So you think he was having a skive?if you read the posts it may help in your comprehension.
Grumpy old git said:
No, he thinks there was probably a very valid reason why judge number one wasn't available, he's asking if judge number two can decide that he can't be bothered to read the notes to get up to speed and just punt it back to judge number one.
<sigh> Yes, I did get that.I was asking Hunton if he thinks Judge Two was having a skive...
Some Gump said:
2cv's, you're a reet mong sometimes. Stop misinterpreting people then attacking the stance they didn't have. It's boring.
Either the judge was having a skive because he just didn't fancy the case, or there were sound legal reasons - which the OP might just be unaware of - why the case couldn't be heard by that judge on that day. Whether it was judge 1 or judge 2, they're really about the only options available.I know which I think are most likely.
I also know that I'd rather have a case knocked-back to another day, than heard by a judge that wasn't capable or prepared for whatever reason.
2CV...maybe I'm not being clear:
I don't disagree with you. We too would prefer that it was knocked back rather than heard by a judge who was unprepared. But that was not the basis of my question. My gripe was that we had to go to the trouble and expense of appearing before a judge who was unprepared at all. I don't believe that should happen when court time is so valuable and there's so much backlog.
I don't disagree with you. We too would prefer that it was knocked back rather than heard by a judge who was unprepared. But that was not the basis of my question. My gripe was that we had to go to the trouble and expense of appearing before a judge who was unprepared at all. I don't believe that should happen when court time is so valuable and there's so much backlog.
Edited by corporalsparrow on Thursday 12th May 13:13
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