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Sixth Report Session 1998-99
Volume 2
OCTOBER 1998 - MARCH 1999
The full report of selected cases
Summary of selected cases
LORD CHANCELLOR`S DEPARTMENT
Failure by the Court Service to supply notes of county court proceedings
In August 1995 the complainant sought from CS a transcript of a county court judgment which she required in connection with an appeal. A misunderstanding as to whether the judgment had been tape-recorded and delay by CS in obtaining endorsement by the judge of the complainant's note of the judgment meant that the requisite note was not provided until December. Other failings by CS exacerbated the situation. The complainant was successful in her appeal and was awarded costs against her opponent, but £1,606.72 of those costs was excluded from the award because the court attributed it to maladministration by CS. The complainant therefore sought reimbursement of that sum from CS, but they rejected the claim. The Ombudsman found that that rejection had been based on an inadequate appreciation of the facts, and criticised CS for a catalogue of maladministration over a prolonged period. The Chief Executive of CS apologised for the poor service the complainant had received and gave assurances of improvement in future. CS agreed to make the complainant an ex gratiapayment totalling £2,096.55, comprising the £1,606.72 claimed, interest of £189.83, and £300 in recognition of the extra expenses she had incurred and the exceptional aggravation she had experienced.
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