BS: English Law

Subject: BS: English Law
From: GUEST
Date: 02 Jan 03 - 05:11 PM

I've just got a letter from a court:

"Upon neither party attending

IT IS ORDERED THAT

The Claimant has failed to file the affidavit of personal service.

The application to obtain information will be struck out."

I don't understand. Can anyone explain?

Subject: RE: BS: English Law
From: MBSGeorge
Date: 02 Jan 03 - 05:18 PM

I think it means that if you want information on whatever you were going to court for you have to re apply as the correct paperwork was not sent in. Don't quote me on it though.

Subject: RE: BS: English Law
From: GUEST
Date: 02 Jan 03 - 05:19 PM

I wont...

Subject: RE: BS: English Law
From: GUEST,guest two
Date: 02 Jan 03 - 05:43 PM

Someone should seek legal advice.

Subject: RE: BS: English Law
From: GUEST
Date: 02 Jan 03 - 05:58 PM

Thanks, guest two

Most helpful and valuable advice

Subject: RE: BS: English Law
From: GUEST,Guest two
Date: 02 Jan 03 - 06:11 PM

Guest one, Mudcat is not the place to get advice on a legal matter.

Subject: RE: BS: English Law
From: GUEST
Date: 02 Jan 03 - 06:12 PM

we shall see...

Subject: RE: BS: English Law
From: Amos
Date: 02 Jan 03 - 10:24 PM

The Claimant was obliged to file a notice that the claim had been personally served, presumably on the defendant; and since the affadavit asserting this had NOT been filed; and firethermore since NEITHER the Claimant nor the Defendant bothered showing up at the appointed time; therefore the application to obtain information (presumably the Claimant wanting to get information from the Defendant and asking the Court to so order) is obliterated (struck out), and if the Claimant wants to pursue the quest for informationt hrough the court he will probably have to resubmit the request, file the proper Affadavit of Service and at least show up himself.

That's just my interpretation of the language. But it is not a legal system I'm familar with.

Regards,


A

Subject: RE: BS: English Law
From: GUEST
Date: 02 Jan 03 - 10:37 PM

The United States has just passed laws to limit or prohibit the right to know. Pretty scarey don't you know.

wdyat24

Subject: RE: BS: English Law
From: Richard Bridge
Date: 03 Jan 03 - 11:07 AM

Amos, I think you are right, but of course I have not seen all the paperwork, and usual exclusions apply.

Subject: RE: BS: English Law
From: Amos
Date: 03 Jan 03 - 12:03 PM

Wdyat, what are you talking about?

A

Subject: RE: BS: English Law
From: GUEST,another guest
Date: 03 Jan 03 - 12:06 PM

Have you tried 'phoning them?

Subject: RE: BS: English Law
From: GUEST,Peter from Essex
Date: 03 Jan 03 - 04:52 PM

My interpretation is that if neither party shows up in court then the whole thing is thrown out.

Hopefully you have previously either had a summons served on somebody else or somebody has served a summons on you so that you know what the jargon refers to. If this is not the case then you should consult a soliciter.

Subject: RE: BS: English Law
From: GUEST
Date: 04 Jan 03 - 06:15 AM

I am sorry that I can't help you either as I am from Scotland and don't know a lot about English law.

Subject: RE: BS: English Law
From: Grab
Date: 06 Jan 03 - 02:25 PM

Go to your local Citizen's Advice Bureau. There'll be a solicitor there who can help you (round our way they have a "surgery" once a week).

Graham.