Now that is not quite what you expect to hear in the public area of a Combined Court centre in sleepy Weymouth on a Monday morning. Particularly when the barked instruction is barked at you! Let me back up a little and give you some lead in ...

Weymouth is where my parents live and where I spent my teenage years learning to sail at the local Castle Cove Sailing Club located in Portland Harbour.

I am back there for my father's 92nd birthday and will spend a week in Weymouth at my parents' house, helping with chores around the house, doing some cooking and sharing time with them.

But I was also keen to do a bit more remote observation at the Court of Protection hearing, and if possible, watch one or two in person. So I looked up Courtserve to see if there were any in-person hearings in the County Courts near to me - particularly Weymouth and Dorchester.

Unfortunately there were no Court of Protection hearings, but a couple of hearings in Weymouth County Court caught my attention.

The hearing list from Courtel included the following cases:

There were all listed for hearing in Court 3 before Her Honour Deputy District Judge Emma Davy.

Now the Weymouth Combined Court Centre (with Magistrates and County Court in one building) is on the harbour side about 10 minutes drive from my parents' house, so I agreed with my parents that I would go down to the Courthouse, observe the 11:30 hearing in person and then come back in time to cook them some lunch and then watch the 3pm hearing on Teams, subject to the consent of the Judge.

I dashed off a couple of quick emails to the Court asking for permission to observe the hearings, which I presumed were being held in public and almost immediately got a telephone call from the Court asking me for further details about who I was and why I wanted to observe those particular hearings.

Now I could have said, "I am a member of the public exercising the right to observe a public hearing", but I decided instead to provide more information, so I wrote that I was a law student studying a Justice in Action module. Also that I was a former public governor of an NHS Trust and had an interest in the NHS and, for the morning hearing, I saw that it was an application to set aside a judgment and I had not observed a case of that nature.

An email came back with permission from the Judge to observe both hearings, shortly followed by an email with a link to the Teams video hearing for 3pm. So, borrowing my father's car, off I set to find Weymouth Combined Court Centre.

I arrived and parked up and found the entrance to the Courts on one side of the building. Through the usual security where security staff already knew my name and was directed through to the County Court area and Court 3. There I met a lady whom I would meet again later! No, I was not the person she was looking for, I was an observer.

The Court Usher came out and asked my name, looking down her list of expected attendees - no, I am not on your list, I am a public observer. Oh yes, said the Usher, for the 11:30 hearing? Yes, said I, but if I can observe any public hearings before then, I would like to do so. Let me ask the Judge, said she.

And so, spot on time at 10:50 the case of Oodle Financial Services v Hall case K00WY195 was called in to Court 3. HH Judge Davy was sat on the bench in front of us, the lady I met on arrival came in and sat on the left of the Court in front of me and I sat on the left at the rear of the Court.

At 10:52 the Judge introduced the case. This was an application for a return of goods order. The defendant Mr Hall had not appeared. The Judge asked the lady to address the Court.

An agreement had been entered into on 3 August 2021 for 47 months in the sum of £12,858.15. A figure of £6,484.25 was provided but I was not sure whether this was payments made or the balance outstanding. at 14 August 2023 the arrears were £1,057.25. On 19 September 2023 the agreement was terminated. Adding interest and costs made £6,337.90.

The Judge was asked to make a return of goods order and also a money judgement as well. Credit would be given for the proceeds of any sale. The claimant requested costs at the higher level of fixed costs.

The Judge asked - you will want a section 92 permission as well? Yes.

Judge said, I am happy to approve the draft order. I will sign it and leave it on the file.

And so, just five minutes after we started, it was over and Oodle Financial Services got their order. Out we trooped back in to the waiting area.

The next case up was Mercer v Mercer Fund 15 of 2012, an Infant Settlement case, called in to Court at 11:11. I asked the Usher whether I could observe this one, but was told the Judge had refused permission. I asked why - was this a private hearing, as it was not listed as private, but did not get a satisfactory answer. (I subsequently emailed the Court asking for the reason why I had not been allowed to observe).

Sat again in the waiting area outside Court 3 with my rucksack and notebook in hand, I started chatting to the couple sat to my left who turned out to be the director of the company who had made the application to have a judgment set aside, John Loving, and his wife Catherine. We were talking about his previous work teaching bricklaying in the prisons in Dorset and I mentioned that my father had been a probation officer and then a welfare officer at the prisons. When he discovered that I was a law student he said, if I win this, I will tell you all about it.

At this point the lady I had first met, and who was obviously a solicitor who represented various companies at the Court, came out of one of the interview rooms and started to talk to Mr Loving. We were in a public waiting area so I was making some notes She gave her name, Mrs Davis and said she was a local solicitor and was representing Unitel Direct Limited. I wrote this down.

Mrs Davis exploded! Are you taking notes of what I am saying? Well, I said, I have written down your name and that you are a local solicitor.

"I want you to rip that page out of your book now and give it to me and I will destroy it. And I am going to tell the Judge what you are doing!"

I replied - "I am sitting in a public area and I can write what I want. If you do not want me to hear then go to a private room", I said, wondering if there was any law about making notes of conversations in public places.

Mrs Davis asked Mr Loving if he wanted to have a private discussion with her, to which he replied, "No thank you".

This left Mrs Davis somewhat stumped, so she just stood leaning against a pillar waiting with the rest of us.

At 11:35 we were called in to Court 3 and Her Honour Judge Davy.

Mr Loving was now in the seat on the right of the Court with his wife Catherine sitting one row behind him. Mrs Davis was on the left with me sitting behind her at the back of the Court.

The Judge asked Mrs Davis if the parties had managed to speak beforehand.

Mrs Davis said no, she had approached Mr Loving but Mr Bell (that is me) had begun to take notes and Mr Loving refused a private discussion.

Judge looked at the case file and said - this was a case which started off life in County Durham with a trial date set in March 2022.

Mrs Davis stated that it was attended by both the claimant and the defendant.

Judge interrupts and says, Mr Loving disputes that.

Mrs Davis - well those are my instructions.

The case was heard by Deputy District Judge Furness who found for the claimant in the sum of £1,200.89 plus costs of £203 payable by 2 May 2022 and dismissed the counterclaim.

Then there was an email to Darlington County Court from Mr Loving on 6 April 2022 saying the papers had been issued to the wrong address in Parkstone, asking for the Judgment to be annulled and allowing the defendant's counterclaim.

Judge - on 9 May 2022 there is an email from the Court advising Mr Loving that he needs to file an F244 with evidence in support setting out why he did not attend and other relevant considerations.

On 12 January 2024 Mr Loving submitted an N244 application.

Judge asks Mr Loving - what happened between May 2022 and January 2024.

Mrs Davis now has the attendance note downloaded from ?NCC? Defendant was not aware of trial and did not attend.

Mr Loving - no, I did not have any papers served.

Judge, was it just trial date you were not told?

Judge - the claim form was served on you at 75 Parkstone Road, Poole, Dorset.

Mr Loving - that was my accountants old address. It was forwarded from there to my accountant. And then my accountant forwarded it to me.

Judge - there was a counterclaim, the Judge dismissed it at trial. And there was a response to the counterclaim.

Mr Loving - there were arrangements for mediation but that never happened and it went straight to Court.

Judge - so you got everything except the date of the trial? I am satisfied that parts of the proceedings reached you via your accountants.

Mr Loving - the counterclaim had my address on it - 3 North Park, Frampton, Dorchester.

Judge - your position is, I was not at trial, I did not know about it. Why has it taken you so long?

Mr Loving - they issued the County Court Judgment but there was no enforcement. We went in to lockdown. There was no further action. I struggled with the business. It affected my credit rating.

Then Unitel sold the debt to a debt collection agency who said they would send bailiffs round. So I paid £275 to get the case transferred here.

Judge - the reason there was not an automatic transfer is because the defendant is a company. The automatic transfer rules do not apply to a limited company.

Mr Loving - I got a phone call to my business saying they were coming to my house to seize my goods.

Judge - so the bailiffs prompted you to make an application?

Mrs Davis - now I know the basis of Mr Loving's application because I did not have that information from his particulars of claim - Civil Procedure Rules 27.11 apply. 11 sub para 1 where a party is neither present nor represented and sub para 2 must make an application within 14 days. My submission is that there is a considerably greater time than 14 days.

Judge to Mr Loving - I am satisfied that you had notice of the Judgment in or around May 2022. And that is the relevant time period from when the 14 days begins.

Someone states, The CCJ was not registered to the address of the company (probably Mr Loving).

Judge - you have made an application to have the Judgment set aside. I accept that you were not given notice of trial. But you knew about the Judgment in May 2022. The rules say you have 14 days to make an application to set it aside. We are two years down the track now.

The rules say 14 days.

Mr Loving protests - the Court took £275 off me, knowing this.

Judge - the Court staff are not legally trained.

Mr Loving - if they do not know, how am I to know?

Judge - you need to seek advice. The rules say, and I can only apply the rules. I do not make them up. I cannot allow your application.

Mrs Davis - say something about "nothing substantive". I am making an application for my costs of £175 plus VAT because the application was not fully particularised and it was not clear on what basis.

Judge - Mr Loving, have you anything to say about the application for costs? Mrs Davis has told the Court her costs and that it was necessary to come along to Court.

Mr Loving - I do not believe that it is fair, she should have informed me before of costs.

Judge observes that in some cases correspondence flows between the parties, but does not seem to have happened here?

Mr Loving - no there has been no correspondence.

Judge - so I have to decide whether it is reasonable and necessary for Mrs Davis to attend, and whether her costs are reasonable and necessary.

Mr Loving - I applied to the Court to have the CCJ removed. I paid to have the CCJ removed. I paid to have a hearing.

Judge - I award fixed costs of £210. The defendant is to pay the claimant's costs of attendance within 14 days.

Mr Loving is protesting and saying he wants to appeal.

Judge - are you seeking permission to appeal my order? On what basis?

Mr Loving - so that my voice is heard.

Mr Loving - I am refusing your request for permission to appeal.

My reasons are: I applied rule 27.11 of the Civil Procedure Rules. It is apparent to this Court that you became aware of the Judgment in May 2022. 14 days has passed. The rule means I have dismissed your application. Your further right of appeal lies to a Circuit Judge.

Mr Loving - how long do I have to appeal?

Judge - 14 days, no 21 days.

Mr Loving - how do I apply?

Judge - there is a form. Form from the Court office.

Mr Loving - what form?

Judge - you are appealing my refusal for permission to appeal. The Usher will help you get this form.

Judge - Mrs Davis, are you happy to draft my order for today? I will complete separately my reasons for refusing permission to appeal.

And at 12:01 the Court rose and we all returned to the waiting area. Mr Loving disappeared off in the direction of the Court Office, presumably to pick up the necessary form for his appeal to a Circuit Judge.

(All of the above is typed from my very hastily scribbled notes - I am improving the speed at which I write, (practice make perfect) but my recording is not perfect by a long way. But hopefully I have captured almost all of the significant points as accurately as I can).

And so back home for lunch ... and then the afternoon hearing via Teams.