[Solved] Bumped court hearing - mis management by court

Check with the CLC (CORAM) link on the bottom of the page. they did tell me to make a complaint to court when the court sent me the wrong forms out so i assume there must be a complaints procedure.

thanks for your note

Of course there’s a complaints procedure and Im aware of this

The point here (on balance of probabilities of outcome which I was advised by my barrister of 35 years in the system and actually agree with deciding to peruse) do we take this approach to be on file for another judge to see and possibly interpret you are being militant and a problem person else will or has any action ever been taken to award costs?

where does this leave us in a system which is clearly failing the responsible person ?

any comments on cost awarded appreciated.

The problem you have is that the courts have to timetable cases on what they think will happen, but if cases beforehand overrun, then everything gets pushed back. A lot of the time, it works, but sometimes it doesn't. The alternative would be to allocated a lot of time to each case, and a lot of the time the courts would be empty, with nothing being done, and it could take years to get to court simply because so much wasted time is being allocated. I'm afraid that, as far as I know, there is no compensation available - again, the court system simply couldn't afford to pay it in all cases where this happens. It's a risk that everyone going to court has to take in order to keep the court system moving as fast as possible.

In the court of real life that we all live in - living day to day and running our business affairs we have a duty of care to our customers and goods provided so it would be unreasonable for me in my professional life to not compensate or indeed stand to be accountable where loss is suffered for this behaviour, indeed I manage to run my business affairs in an efficient manner with appointments even when I donmt know the totality of the issues before me (yet they have had prior warning with statements and should be able to make reasonable assessment - there is a standard of care which we would expect to recieve and this in my opinon falls below that standard (albeit I accept the "system" is a fault not always the individual).

As I said, the way the courts could avoid this (and avoid paying compensation) would be to allow a lot of time for each case - the result of this is that many cases simply would never get to court because of the impossible waiting times it would create. The other alternative would be that you are allotted a length of time for a case, and at the end of the time, if you haven't finished, then you are rescheduled (even if you could have finished in another 5 minutes) - which would mean that you'd have to go through your case again to possibly a different judge, and again, this would clog up the courts.
The system that exists at the moment is the best, or perhaps least-worst case - it works 90% of the time and gets a lot of cases through the courts.

ACTD is right, this was bound to happen now that legal aid has finished too, Solicitors have been saying for years that the Courts time will be lengthened. You can of course make a complaint, particularly bearing in mind you had a Barrister, and I would hope that your Barrister made that point to the Court, as the Courts do generally place importance on that, and the fact that fees are privately paid. But I doubt very much you will get compo...they are a Govt Dept, and the Govt caused all this in the first place!

...you could try making a claim against them in the small claims track!

One other point, it used to be the case, and generally still is, that the crown couldn't be prosecuted (on the basis that it is the crown that does the prosecuting in any criminal case, which is why criminal cases are listed as R vs .... - the 'R' is Rex or Regina) - known as crown immunity - so I'm not sure whether they could be sued either.

the point here is that there is no responsibility or culpability / redress for poor performance and the applicant or respondent bears the brunt of the courts mis management and timekeeping - this in my opinion is wrong and highlights yet again one of the many tragedies of the "private" family court system where reform is necessary yet if it moves at the pace of what Ive experienced a snail could move faster and nothing really will happen as a result (if you are embarking on this route for "Justice" be aware and expect many setbacks)

No, but if there was, then the courts would have to allocate too much time - can you imagine the chaos if it took months or even years to get a date for a hearing, and then months/years for the second hearing? What we are operating under is the least worst option - for the vast majority of cases, the matter is heard on the day intended, but the price is that a few cases are bumped over.

I'm not saying it's perfect by any means, but it is probably the most cost effective system that can be run.