County Court Jurisdiction

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  • #21333
    steveg
    Participant

    Help!

    We successfully applied for a court order against a claimant’s o/p. Now we have received a counter claim from the claimant through the County Court appealing against the overpayment decisions. I’ve got to attend the County Court hearing to explain to the the judge that it is outside the jurisdiction of the County Court to decide whether or not the overpayment is recoverable.

    To support my reasons I do recall from many many moons ago a caselaw where the High Court ruled that a County Court judge was outside his jurisdiction regarding deciding that an overpayment was unrecoverable.

    Does anyone recall the court case in mind? (or am I imagining this!)

    #5028
    markp
    Participant

    You are indeed right that it lies outside the County Court’s juridiction. I think Waltham Forest v Roberts may help you (I have this somewhere, courtesy of Kevin D, if you need it so PM me if that is so).

    You can also use Cambridge v Sier to good effect that onus to report change in circs rests with claimant (am doing so on appeal against judgement that went against my LA – lovely day trip to Rhyl!) Again PM if you need a copy.#

    Most judges know that and tell the defendant that in any case.

    Do I know what I'm doing? The jury's out on that........................

    #5029
    Anonymous
    Guest
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