CCJ and now possible High Court Enforcement?

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
Post Reply
KJ2803
Posts: 11
Joined: 14 May 2017 23:05

#1 CCJ and now possible High Court Enforcement?

Post by KJ2803 » 14 May 2017 23:16

Hi

I checked my credit file last month and saw a CCJ on my file I knew nothing about, I rang up the court they told me details of the CCJ and what it was for and also said its been transfered to the high court, the debt is just over £5000.

Basically I had some photos for sale on ebay, which turned out to be copyright, this person bought one to get my contact details and then text/email me to say they were their images and to remove them (I did instantly) and copyright is a serious offence. - thats the last I heard about it, until I saw the CCJ, My ebay account had my previous address so I have had no paperwork about this debt/CCJ

What are my options now? I assume to get the CCJ set aside is too late as its been more than 30 days (August 16) and apparently transfered to High Court in March this year!

Im worried Ill get the baillifs at my current address, I am on the electrol roll, and they will take my car or belongings
Thank you for your help!

User avatar
jasonDWB
Posts: 1306
Joined: 30 Jul 2012 21:23
Contact:

#2 Re: CCJ and now possible High Court Enforcement?

Post by jasonDWB » 15 May 2017 09:58

Its not too late to apply to set aside the judgment.

The address is your old address and the bailiff will discover you no longer live there and the writ of control is as useful as a wet paper bag.

The writ can be executed at any address the debtor "usually lives or carries on a trade of business" which means the bailiff will try and trace you to your new address and start enforcement there. They hope that you don't know the law that requires you to be given notice before a bailiff attends.

You can apply to set aside the writ, and that will extinguish the enforcement power. Then you apply to set aside the judgment. That will kill the liability. You need to make a witness statement to satisfy three points the court will look at.

  • Did you know about the original judgment? Your answer is No, The address on the bailiff's documents and the writ of control is wrong. The simple test to see whether the bailiff knows he is acting unlawfully is asking to see the writ. The law does require the bailiff to show it. Paragraph 26(1)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. If the bailiff goes out of his way to conceal the writ from you when you ask to see it, the bailiff knows he is not acting lawfully and is liable for damages under Paragraph 66 of Schedule 12 if he takes control of goods or becomes confrontational causing you a loss.

    Did you act with reasonable promptness? Your answer is yes, When you received/receive a bailiff, you then learned of the writ and the liability, you acted straight away.

    Do you have a reasonable prospect of a successful defense? Your answer is yes. The judgment is a default judgment. The claim is copyright infringement and the claimant is unable to an actual loss. You were unaware the material was copyrighted and you acted immediately when you learned it was.
You can either start the process now or when a bailiff turns up. Here is how to make an application to stay the execution of the writ and set aside the original judgment: http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm

I offer a low-cost fixed fee drafting service for making this application, if you would like to start work, please contact me.
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

KJ2803
Posts: 11
Joined: 14 May 2017 23:05

#3 Re: CCJ and now possible High Court Enforcement?

Post by KJ2803 » 07 Jun 2017 18:25

Hi, Sorry not been on since to reply, not been too well

I recieved a 'Notice Of Enforcement' today at my current address and not sure what steps to take now!

Im not sure I have a reasonable defece to get the judgement set aside and worried about increased costs if i go that way and it doesnt work out.

User avatar
jasonDWB
Posts: 1306
Joined: 30 Jul 2012 21:23
Contact:

#4 Re: CCJ and now possible High Court Enforcement?

Post by jasonDWB » 07 Jun 2017 19:21

When did you find out you had been fined?
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

KJ2803
Posts: 11
Joined: 14 May 2017 23:05

#5 Re: CCJ and now possible High Court Enforcement?

Post by KJ2803 » 07 Jun 2017 20:39

It was less than a month ago I found out about a CCJ of my credit file but it was is listed around August 2016 at my old address but they must have my current address now as I recieved the notice of enforcement at my current address today
It was to do with a copyright claim from some photos I sold on ebay last year

User avatar
Michelle
Moderator
Posts: 1800
Joined: 10 Nov 2014 14:42
Location: Nuvion

#6 Re: CCJ and now possible High Court Enforcement?

Post by Michelle » 07 Jun 2017 22:01

jasonDWB wrote:
07 Jun 2017 19:21
When did you find out you had been fined?
This wasn't a fine it was a CCJ.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

User avatar
Michelle
Moderator
Posts: 1800
Joined: 10 Nov 2014 14:42
Location: Nuvion

#7 Re: CCJ and now possible High Court Enforcement?

Post by Michelle » 07 Jun 2017 22:07

KJ2803 wrote:
14 May 2017 23:16
Hi

I checked my credit file last month and saw a CCJ on my file I knew nothing about, I rang up the court they told me details of the CCJ and what it was for and also said its been transfered to the high court, the debt is just over £5000.

Basically I had some photos for sale on ebay, which turned out to be copyright, this person bought one to get my contact details and then text/email me to say they were their images and to remove them (I did instantly) and copyright is a serious offence. -
OK, so some guy told you he owned the copyright of some images and now you have a CCJ for £5k! There's a big gap here, you must have received a claim which you didn't respond to, and, as a result, he got a default judgment. Have you been away or moved since the person in question contacted you? Because a claim form went missing somewhere.
KJ2803 wrote:
14 May 2017 23:16
thats the last I heard about it, until I saw the CCJ, My ebay account had my previous address so I have had no paperwork about this debt/CCJ

What are my options now? I assume to get the CCJ set aside is too late as its been more than 30 days (August 16) and apparently transfered to High Court in March this year!
If you were not aware of the CCJ earlier, you can still apply for set aside. From the above, it sounds to me that this person just plucked a figure out of thin air to charge for his photos, without ever producing any evidence of copyright ownership, nor of how he arrived at that figure.You say you removed the pictures immediately, so I'm not sure what cause of action he had. I should think you would have a good chance of defending what looks like an abusive claim by someone trying to be too clever. It should be well worth the £255 N244 application fee.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

User avatar
jasonDWB
Posts: 1306
Joined: 30 Jul 2012 21:23
Contact:

#8 Re: CCJ and now possible High Court Enforcement?

Post by jasonDWB » 07 Jun 2017 22:17

If you just learned of the judgment and it was made in your absence, then apply to set it aside.
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

User avatar
Michelle
Moderator
Posts: 1800
Joined: 10 Nov 2014 14:42
Location: Nuvion

#9 Re: CCJ and now possible High Court Enforcement?

Post by Michelle » 08 Jun 2017 00:15

It looks like this isn't even a CCJ for money actually owed, just a clever dick trying to take advantage of people.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

KJ2803
Posts: 11
Joined: 14 May 2017 23:05

#10 Re: CCJ and now possible High Court Enforcement?

Post by KJ2803 » 08 Jun 2017 13:19

Looking into the person who is claiming the money its a freelance photographer (not sure part of a big agency or something too)
Hes claiming around £100 per image I had listed for breach of copyright
Im just scared now :(

KJ2803
Posts: 11
Joined: 14 May 2017 23:05

#11 Re: CCJ and now possible High Court Enforcement?

Post by KJ2803 » 08 Jun 2017 13:24

If I go down the set aside route now then, will I be able to get this done in time before I have bailiffs at the door or take my car or something? (I have a Blue Badge, will that stop them removing the car?)
I dont have the money at the moment though for thr £255 N244 Application fee, im on low income so saw I can fill in a EX160 help with court fees?
Is it worth contacting the person who is claming the money?

Sorry for all the questions

User avatar
jasonDWB
Posts: 1306
Joined: 30 Jul 2012 21:23
Contact:

#12 Re: CCJ and now possible High Court Enforcement?

Post by jasonDWB » 08 Jun 2017 13:53

KJ2803 wrote:
08 Jun 2017 13:24
If I go down the set aside route now then, will I be able to get this done in time before I have bailiffs at the door or take my car or something? (I have a Blue Badge, will that stop them removing the car?)
Display it inside the car. That stops them touching it.


I dont have the money at the moment though for thr £255 N244 Application fee, im on low income so saw I can fill in a EX160 help with court fees?
Is it worth contacting the person who is claming the money?
No. just do the N245 court fee remission.

Sorry for all the questions
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

KJ2803
Posts: 11
Joined: 14 May 2017 23:05

#13 Re: CCJ and now possible High Court Enforcement?

Post by KJ2803 » 08 Jun 2017 13:57

Isnt the N245 to pay the amount owed in reduced payments not for help with the court fees?

User avatar
jasonDWB
Posts: 1306
Joined: 30 Jul 2012 21:23
Contact:

#14 Re: CCJ and now possible High Court Enforcement?

Post by jasonDWB » 08 Jun 2017 14:08

It's an application for court fee remission.
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

User avatar
Michelle
Moderator
Posts: 1800
Joined: 10 Nov 2014 14:42
Location: Nuvion

#15 Re: CCJ and now possible High Court Enforcement?

Post by Michelle » 08 Jun 2017 14:17

KJ2803 wrote:
08 Jun 2017 13:57
Isnt the N245 to pay the amount owed in reduced payments not for help with the court fees?
Yes, it is the form to ask for a variation of the terms of the judgment.
jasonDWB wrote:
08 Jun 2017 14:08
It's an application for court fee remission.
That's form EX160: http://formfinder.hmctsformfinder.justi ... 60-eng.pdf

This is the EX160 guidance: http://formfinder.hmctsformfinder.justi ... 0a-eng.pdf
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

KJ2803
Posts: 11
Joined: 14 May 2017 23:05

#16 Re: CCJ and now possible High Court Enforcement?

Post by KJ2803 » 11 Jun 2017 16:33

Thanks for your help, got the forms and sorting through them now, just worried on time scales

I also notice on the notice of inforcement the name of the person i 'owe' money to is spelt wrong.. would that impact the notice

Say they spelt 'Davd' instead of a Dave or David etc

User avatar
Pote Snitkin
The Watcher
Posts: 1000714
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#17 Re: CCJ and now possible High Court Enforcement?

Post by Pote Snitkin » 11 Jun 2017 20:06

KJ2803 wrote:
11 Jun 2017 16:33
I also notice on the notice of inforcement the name of the person i 'owe' money to is spelt wrong.. would that impact the notice

Say they spelt 'Davd' instead of a Dave or David etc
No - that would be allowed under the slip rule - a typo doesn't void anything if the intention is still obvious.
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

User avatar
Michelle
Moderator
Posts: 1800
Joined: 10 Nov 2014 14:42
Location: Nuvion

#18 Re: CCJ and now possible High Court Enforcement?

Post by Michelle » 12 Jun 2017 09:02

KJ2803 wrote:
11 Jun 2017 16:33
Thanks for your help, got the forms and sorting through them now, just worried on time scales

I also notice on the notice of inforcement the name of the person i 'owe' money to is spelt wrong.. would that impact the notice

Say they spelt 'Davd' instead of a Dave or David etc
If you are doing your set aside application, you need to attach a draft order, a draft defence and a witness statement to your N244 application. In your WS you will have to say you were not aware of the judgment until you received the notice of enforcement, since you never received a claim form nor a letter with the order or judgment as you should have done, presumably because they were all sent to an old address. That should cover that side of things but you also need to draft a defence, and this is where you need to go back to what took place when this person contacted you about the images. This shouldn't have been a straightforward money claim where you had agreed to pay a certain sum for them and you didn't, yet it looks like the claimant did just that and, in the absence of a response, got his judgment in default.

Issuing a money claim for a fixed sum as if it had originated from a breach of contract, when the claim should have been for unliquidated damages to be determined by the court (if at all), was an abuse of process. Of course you have to look back and see whether you, at any point, agreed to pay this guy any sum of money for the pictures. The devil's in the detail.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

KJ2803
Posts: 11
Joined: 14 May 2017 23:05

#19 Re: CCJ and now possible High Court Enforcement?

Post by KJ2803 » 13 Jun 2017 08:39

Thank you, Looking at the Section 10 of the form now and wasnt sure what to put and for the defence
Yeh I wasnt aware of the Judgement and recieved no paperwork about it until I got the letter of enforcement

I had never agreed on anything with the claiment, no, first I heard from him was aftter
Looking back through stuff he is charging £90 per image used plus court fees etc on top have pushed the amount owed up now since its at enforcement stage

KJ2803
Posts: 11
Joined: 14 May 2017 23:05

#20 Re: CCJ and now possible High Court Enforcement?

Post by KJ2803 » 13 Jun 2017 14:02

How do I get a copy of the original claim made?
I rang the CCBC but they could only give me the particulars of the claim which states 'Copyright infringement. Defendant breached my copyright by selling multiple prints of 54 photographs I took and own copyright to on her ebay.co.uk account without a licence or credit. I am claiming £90 per image (total £4860)'

User avatar
Michelle
Moderator
Posts: 1800
Joined: 10 Nov 2014 14:42
Location: Nuvion

#21 Re: CCJ and now possible High Court Enforcement?

Post by Michelle » 13 Jun 2017 15:06

KJ2803 wrote:
13 Jun 2017 14:02
How do I get a copy of the original claim made?
I rang the CCBC but they could only give me the particulars of the claim which states 'Copyright infringement. Defendant breached my copyright by selling multiple prints of 54 photographs I took and own copyright to on her ebay.co.uk account without a licence or credit. I am claiming £90 per image (total £4860)'
The particulars of claim would be the original claim you are looking for. Can you give us a bit of history about this incident? As your defence needs to be spot on for a set aside application to succeed. Where did you get the photos from in the first place? Have you looked into this photographer's background? Has he got a website? How does he sell his photos? How many prints did you sell on eBay? How did you advertise them? We need to get to the bottom of this claim.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

KJ2803
Posts: 11
Joined: 14 May 2017 23:05

#22 Re: CCJ and now possible High Court Enforcement?

Post by KJ2803 » 16 Jun 2017 10:25

I bought the photos on ebay myself a a joblot and selling the ones I didnt want/spares/duplicates
of the 54 that were said to he his, none I had actually sold.
He does have a website and says he is a freelance press photographer

The high court enforcement officers came today, I didnt answer and was left a letter in my post box
It says they have called today to remove assets for public auction as I have not responded to previous correspondence
It says removal of assets will now take place with or without your presence and where necessary an application will be made to the court under paragraph 15 schedule 12 tribunals courts and enforcement act 2007 for authority to enter your premises

So would they have to go to court to be able to enter my home?
How long does this usually take from the stage im at now?

What shall I do now?
Thank you

Viking
Posts: 10
Joined: 07 Jun 2017 13:57

#23 Re: CCJ and now possible High Court Enforcement?

Post by Viking » 16 Jun 2017 14:38

Hello!
'Copyright infringement. Defendant breached my copyright by selling multiple prints of 54 photographs I took and own copyright to on her ebay.co.uk account without a licence or credit. I am claiming £90 per image (total £4860)'
So Matey Boy is charging you for 54 photographs, when...
I bought the photos on ebay myself a a joblot and selling the ones I didnt want/spares/duplicates of the 54 that were said to he his, none I had actually sold.
Which means none were sold, and presumably you still have the 54 photographs?

If you do still have them, hang on to them, because that key evidence rather kills his Claim arguments stone dead.

I'd also see if you can get the details of the person you bought them from. eBay are notoriously vague about giving people Seller's details but you have a right to ask eBay to divulge the Seller's details, given that they have sold you photographs that apparently - and unknown to you - breached the Copyright of Matey Boy.

Ideally, these details need to be in a Witness Statement of Fact to support your efforts to have the Judgment Set Aside, and the Enforcement called off.

It may be worth dropping Matey Boy a line to tell him you never sold a single photograph, and immediately pulled them down from sale when made aware that there were Copyright issues. Tell him this is a storm in a tea cup, he has gone way over the top and has Claimed for things he had no lawful right to Claim. Tell him that if you suffer any further losses because of this, then he will be paying you.

Matey Boy make wake up and call off the dogs from his end?

Viking

User avatar
Michelle
Moderator
Posts: 1800
Joined: 10 Nov 2014 14:42
Location: Nuvion

#24 Re: CCJ and now possible High Court Enforcement?

Post by Michelle » 16 Jun 2017 16:04

KJ2803 wrote:
16 Jun 2017 10:25
I bought the photos on ebay myself a a joblot and selling the ones I didnt want/spares/duplicates
of the 54 that were said to he his, none I had actually sold.
He does have a website and says he is a freelance press photographer

The high court enforcement officers came today, I didnt answer and was left a letter in my post box
It says they have called today to remove assets for public auction as I have not responded to previous correspondence
It says removal of assets will now take place with or without your presence and where necessary an application will be made to the court under paragraph 15 schedule 12 tribunals courts and enforcement act 2007 for authority to enter your premises

So would they have to go to court to be able to enter my home?
How long does this usually take from the stage im at now?

What shall I do now?
Thank you
They cannot enter your home without you letting them in, forced entry into residential premises is only allowed for enforcement of court fines, not CCJs.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

User avatar
Michelle
Moderator
Posts: 1800
Joined: 10 Nov 2014 14:42
Location: Nuvion

#25 Re: CCJ and now possible High Court Enforcement?

Post by Michelle » 16 Jun 2017 16:07

Viking wrote:
16 Jun 2017 14:38
Hello!
'Copyright infringement. Defendant breached my copyright by selling multiple prints of 54 photographs I took and own copyright to on her ebay.co.uk account without a licence or credit. I am claiming £90 per image (total £4860)'
So Matey Boy is charging you for 54 photographs, when...
I bought the photos on ebay myself a a joblot and selling the ones I didnt want/spares/duplicates of the 54 that were said to he his, none I had actually sold.
Which means none were sold, and presumably you still have the 54 photographs?

If you do still have them, hang on to them, because that key evidence rather kills his Claim arguments stone dead.

I'd also see if you can get the details of the person you bought them from. eBay are notoriously vague about giving people Seller's details but you have a right to ask eBay to divulge the Seller's details, given that they have sold you photographs that apparently - and unknown to you - breached the Copyright of Matey Boy.

Ideally, these details need to be in a Witness Statement of Fact to support your efforts to have the Judgment Set Aside, and the Enforcement called off.

It may be worth dropping Matey Boy a line to tell him you never sold a single photograph, and immediately pulled them down from sale when made aware that there were Copyright issues. Tell him this is a storm in a tea cup, he has gone way over the top and has Claimed for things he had no lawful right to Claim. Tell him that if you suffer any further losses because of this, then he will be paying you.

Matey Boy make wake up and call off the dogs from his end?

Viking
The claim has now progressed to the enforcement stage, so it really needs the judgment set aside to start with. If the judgment is set aside, the enforcement power dies. In addition to the witness statement, a draft defence is also required. This has now been going on for several weeks, and the court will want to know the reason for the delay in applying for set aside. This application should have been submitted when the OP first received the notice of enforcement.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

Viking
Posts: 10
Joined: 07 Jun 2017 13:57

#26 Re: CCJ and now possible High Court Enforcement?

Post by Viking » 16 Jun 2017 16:36

Hello Michelle!

I wonder if KJ2803 has any redress against eBay for facilitating the original Copyright abuse when the 54 photographs were first sold to KJ2803?

Going back over the Thread, I note that one photograph must have been sold, namely the one sold to the Claimant just to get KJ2803's details, i.e.:
Basically I had some photos for sale on ebay, which turned out to be copyright, this person bought one to get my contact details and then text/email me to say they were their images and to remove them (I did instantly) and copyright is a serious offence. - thats the last I heard about it, until I saw the CCJ, My ebay account had my previous address so I have had no paperwork about this debt/CCJ
eBay tends to get quite excited by Copyright issues.

But given that the photographs were originally purchased via eBay, this may suggest that there an earlier Copyright breech by another eBay Seller to KJ2803.

In theory, the Claimant has the wrong Defendant, and should really have been chasing the person who originally sold the 54 photographs, i.e. the eBay Seller who sold them all to KJ2803.

At the very least, eBay should disclose who that Seller was.

This may be another fact to add to the Witness Statement in support of the Set-Aside?

Viking

KJ2803
Posts: 11
Joined: 14 May 2017 23:05

#27 Re: CCJ and now possible High Court Enforcement?

Post by KJ2803 » 16 Jun 2017 19:06

Thanks for the replies, I submitted an application to get it stayed and set aside earlier in the week before the enforcement people came and recieved a letter acknowledged it has been recieved, its now been transfered to my local court but think it takes a time now to get a date maybe? or to look through the papers

As soon as I was aware they may be copyright i removed all listings and even closed the ebay account!
Ive had a look through my emails trying to see what/when i bought them but they werent all bought in one go and some ages ago that I dont and ebay dont have a record of them :(
Its just I dont have any proof of anything for my part!
He did send a screenshot of the 54 listings which were in breach of copyright, they were active listings, none said sold, and i removed them as soon as I was aware!

I havent had any contact from the person claiming and I wouldnt know what to say to him or too scared to!

User avatar
Michelle
Moderator
Posts: 1800
Joined: 10 Nov 2014 14:42
Location: Nuvion

#28 Re: CCJ and now possible High Court Enforcement?

Post by Michelle » 16 Jun 2017 21:53

You don't need to contact the claimant, your set aside application will be decided by the court, I just hope you put in a good draft defence. Bear in mind set aside just puts you back in the position you were in to start with, the claimant can reissue the claim and they very often do, only this time you'd have the opportunity to defend it, that's why a good draft defence is important, otherwise the court may well think it would be a waste of time to set aside the judgment. The onus is on the claimant to prove his case, and it's mostly about him having suffered financial losses as a result of the copyright breach. He'd have to prove he owns the copyright of the images, which may be tricky, as well as showing how he valued them and how he quantified his losses to arrive to the figure he claimed.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

Viking
Posts: 10
Joined: 07 Jun 2017 13:57

#29 Re: CCJ and now possible High Court Enforcement?

Post by Viking » 16 Jun 2017 21:55

Hello!

If the Court has acknowledged the N244 Application to have the Judgment Set-Aside, then that should be enough to stop the Enforcement for now. But hopefully someone more familiar with how to use this will advise shortly.

I would think sending a copy of that letter to the Enforcement Agents should, or ought to be, sufficient to stop them.

In effect, this is evidence that the original Judgment is being challenged, and so enforcing it would not now be just until the challenge has been considered.

Civil Courts can take a wile to deal with things like this, but get ready for a Hearing, so that you are ready when a date comes up. Hopefully you will receive a fair bit of Notice, which should be set out in the Civil Procedure Rules ("CPR") somewhere.

That's now where you need to bone up next, try and familiarise yourself with CPR, and hunt down the Rules for Set-Aside Applications.

As you are a Self-Represented Litigant, otherwise/formerly known as a Litigant-in-Person ("LiP"), the Court should hopefully make some allowances for lack of experience.

Set-aside for not attending I think is covered by https://www.justice.gov.uk/courts/proce ... art39#39.3, this bit in general, and Section (5) in particular:
Failure to attend the trial

39.3

(1) The court may proceed with a trial in the absence of a party but –

(a) if no party attends the trial, it may strike out(GL) the whole of the proceedings;

(b) if the claimant does not attend, it may strike out his claim and any defence to counterclaim; and

(c) if a defendant does not attend, it may strike out his defence or counterclaim (or both).

(2) Where the court strikes out proceedings, or any part of them, under this rule, it may subsequently restore the proceedings, or that part.

(3) Where a party does not attend and the court gives judgment or makes an order against him, the party who failed to attend may apply for the judgment or order to be set aside(GL).

(4) An application under paragraph (2) or paragraph (3) must be supported by evidence.

(5) Where an application is made under paragraph (2) or (3) by a party who failed to attend the trial, the court may grant the application only if the applicant –

(a) acted promptly when he found out that the court had exercised its power to strike out(GL) or to enter judgment or make an order against him;

(b) had a good reason for not attending the trial; and

(c) has a reasonable prospect of success at the trial.
This means that you need to satisfy CPR Part 39 (5) (a), (b) and (c).

In terms of time, so long as you acted reasonably quickly, that will be OK. Some have been fine after 2 years, but the faster you acted, the better, once this became known to you.

You should be OK on (b), because eBay had your old address, so the Claim went there instead of to your new address. Judge may question you on that, so be prepared to explain why that happened, and why you didn't have a mail re-direction. Saying you could not afford that or never thought to do it will be OK so long as that is what happened.

Finally, you should be OK on (c) given what others have said above. The Claimant's Claim was an abuse for the reasons others have set out above. This would be when you tell the Judge that you were not aware of Copyright, and acted the moment you became aware, after the Claimant purchased the only photograph you have sold.

If you still have the other 53 of 54 photographs that might help, but at least say that is the case. If this goes to a re-Trial, then that would be when such evidence would be needed, and would need to be properly Disclosed ahead of any new Trial.

I hope this helps, it may give you some idea of the likely parameters that the Judge will be looking at, so gear your presentation to satisfying the above three key points as required by CPR Part 39 (5) (a) to (c).

So, start jotting down key bullet points that support what you might need to say to convince the Judge that the original Judgment should be Set-Aside, and that, all being well, this doesn't warrant a re-Trial.

Viking

Post Reply

Who is online

Users browsing this forum: No registered users and 1 guest