Juizados especiais cíveis: comentários aos enunciados do FONAJE – Fórum Nacional de Juizados Especia Divulgação dos SUMÁRIOS das obras. ENUNCIADOS FONAJE. uploaded by. uploader avatar faelsvieira. Do Contrato Social – Jean-Jacques Rousseau (1). uploaded by. uploader avatar faelsvieira. Fonaje – 21 anos de enunciados estabilizando a jurisprudência dos Juizados Especiais · 32 · Prorrogação de mandato por vias transversas · 19 · Rita Cortez é .
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Debates dos enunciados propostos. Proposta rejeitada, por maioria; 4. Usually, when the International Office receives a request for a Judge to speak at an important and prestigious meeting such as this one, the first thought is to consider a very high ranking Judge, a Judge from our Supreme Court, our Court of Appeal or our High Court. Although I have no doubt that such a high ranking Judge would have been delighted to visit your beautiful country, they would have had some difficulty giving a talk about small claims.
They have no experience of small claims cases. Their lack of experience is my good fortune, as the invitation was referred to me, a District Judge with 27 years experience as a Judge of small claims hearings, and here I am and here is my talk. The title of my talk was chosen by someone else. Judge Munhoz asked me for a title, but I was too slow in replying.
The programme was printed and someone else gave a title to my talk. I would like to thank and to congratulate that person who did, because I could not have given a better title myself. I suspect that the title was chosen by someone with knowledge of our legal system, as it is entirely accurate.
The United Kingdom is made up of 4 countries, England, Scotland who almost voted in a referendum last year to leave the United Kingdom to become an fonake countryWales and Northern Ireland.
Scotland and Northern Ireland each has their own separate and distinct legal system and their own judiciary. England and Wales have the one shared legal system and judiciary.
ATA DO XXXVII FONAJE
The Court with jurisdiction to hear small claims is the County Court. The County Court has jurisdiction in civil and family cases and small claims is one of the categories of claims that the County Court deals with.
I am now going to introduce you to a Judge of the County Court. That Judge is me. I hope you will be able to see which one of the two judges shown is me. I am on the left with the blue bands, which denote a District Judge. However, before we can begin our work as District Judges we have to swear two oaths at a formal ceremony.
These oaths are taken in public in open Court and are received by a senior Judge, in my case Mr Justice Singh. Family and friends of the Judge being sworn in attend, as can any member of the public, and there is a reception with refreshments afterwards. It will not surprise you that the Queen does not personally choose her District Judges.
Experienced practising lawyers apply to a Judicial Appointments Commission, whose Commissioners are drawn from the judiciary, the legal profession and members of the public.
After a number of years as a Deputy, the Deputy can enter a selection exercise to be appointed a District Judge and if he succeeds, the Commission recommends him or her to Her Majesty for appointment. Once appointed and sworn in, the District Judge cannot continue enunciadow practice as a lawyer, and indeed cannot be engaged in any other paid employment at all.
This process means that it is very rare indeed for someone to be appointed a District Judge at a younger age than their mid-forties.
This is in contrast to the Judiciary in some European countries, such as France, where a judicial career is quite separate and distinct from a career as a lawyer. In France you attend a college for judges and can be appointed as a Judge in your mid-twenties. Now I am going to introduce you to the County Court. There is just the one County Court for England and Wales but this Court has court buildings in cities and towns all over the country. Even quite small towns can have a County Court centre, though in recent years there have been a number of closures of the smaller court centres with cases going to nearby larger towns and cities.
I am based at the County Court sitting at Peterborough, a city 75 miles due north of London with a population of just underThis is not the County Court, but I thought you would like to see a photograph of Peterborough Cathedral, in the city centre. This is the County Court, which is just a short walk away from the Cathedral. Here I am in my room. I hear nearly all of my cases in this modest sized room, which we call Chambers. If I look through the window to my left I can see the Cathedral, a really splendid sight.
You will see that we do not wear our robes and wig when doing our daily work. These are now only worn on ceremonial occasions.
You will see the Royal Coat of Arms on the wall at the back, as a badge of authority for all to see and a reminder to the Judge of his Oath of Allegiance and Judicial Oath. On the desk you will see that I have my computer and you will also see the microphones, as all the hearings that we conduct are recorded from start to finish.
As I said I hear nearly all of my cases in this room. Very occasionally, I may need to use a courtroom within the building if the case I am hearing involves too many people to fit into my small room. This is a typical courtroom with the Judge behind a bench on a raised platform, or dais, and much more room for the litigants, their lawyers and members of the public. You can see the witness box on the left. But now back to my enknciados. This is the view that I have in my Chambers. On the blue chairs immediately enuncados front of me will sit the parties to the claim, with their lawyers if they have them.
Sometimes the parties have two lawyers, one a barrister, a specialist advocate and the other, a solicitor, who will have prepared the case for them and then instructed the barrister to present the case in court.
The second lawyer will sit at the table behind. You will see a single brown chair at the very back of the room. This is a very important chair, particularly in relation to the hearing of small claims and I wonder if anyone knows who this chair is for. This chair is there for any member of the public who would like to be present during the final hearing of the enuncisdos claim. These final hearings of small claims are held in public and any member of the public is entitled to attend.
There is only the one chair because it is very rare that any member of the public wants to be present. If more than one person wishes to be there we will provide other chairs or even move to the courtroom if necessary.
Although I fonahe that it is very rare that anyone wants to see small enunciadoe hearings, it does happen, as the enunckados slide will demonstrate.
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A similar article appeared on fpnaje front page of a number of local and national newspapers the next morning. This report did not actually name the Judge, but that Judge was in fact me and my name did appear in the newspapers the next morning. It has only one District Judge, whereas there are 3 of us at Peterborough.
I did not know what cases were in the list until I arrived at St Albans that morning and I was interested to see that there was a conaje claims hearing of a claim brought by a gentleman against a train operator, First Capital Connect.
This company operated the commuter trains from St Albans, which is just outside London and to the north-west, into the City of London. When I reached this particular case in my list, the usher came in to my chambers to inform me that the Claimant, the gentleman bringing the claim, was here and was representing enunciwdos. The Defendant, the train company, was represented by a barrister. The usher was rather flustered and she explained to me that there were also several newspaper and TV journalists here who wanted to hear the claim.
So the hearing went ahead with a row of journalists sitting at the back of the chambers. Time does not permit me to go into great detail about the case, and this is not a case which is typical of the many cases that I have to hear, but you may be interested to know what it was that so interested the newspapers and the BBC.
The Claimant lived in St Albans and travelled in daily by train to the City of London where he worked. He caught the train each morning at St Albans station, and he travelled with a season ticket which he purchased each year.
Being a resourceful man, he searched their website thoroughly for the best deal. He then went on to the National Rail website and discovered that people travelling from Watford could, if they wished, travel via St Albans. So what he did was to buy online the cheaper ticket from Watford, but of course, he continued to catch the train at his home station of St Albans.
Foname went well for a while, but then one morning a ticket inspector refused to allow the Claimant to travel. When the Claimant showed him a print out of the National Rail website, he still refused him access to the station, saying the website must be wrong.
Of course, the Claimant still had to get to work each morning, so what he did was to buy another season ticket. To cut a long story short, the train operator defended the claim but eventually discovered that the National Rail website was showing the Watford-St Albans route as a valid one for travel into Foaje. Some few days before 9th Octoberthe date of the hearing at the County Court in St Albans, the train operator wrote to the Claimant and offered to settle his claim in full, but only if he would agree to keep the settlement private.
I suspect that the train operator was playing for time, wanting to enunciads a change to the National Rail website before every commuter living in St Albans had the chance to buy a cheaper season ticket. The first reason is that the claim raises a point of law, how a particular legal principle is to be interpreted and applied. The second reason is that this point of law can affect thousands, even millions of people.
On this slide are two such cases which enuncjados, at the beginning, small claims. Time does not permit me to go into detail about these enunciadks, other than to tell you that they both resulted in an appeal being made against the decision of the District Judge not me in these particular cases which so far has found its way up to the Court of Appeal.
I do not expect that the appeals will go any further than this, either to the Supreme Court, or even to the European Court of Justice, but we must leave them there. So how does a claim come to be dealt with by the small claims procedure? It does not start life as a small claim. It only becomes a small claim when a District Judge makes an order to that effect. I will explain how that happens. The vast majority of civil claims are brought in the County Court.
There is in fact no financial limit on its jurisdiction, but claims of exceptionally high value might be brought in the High Enjnciados and there are certain types of case, though very few, such as defamation, which have to be heard in the High Court. Apart from these few exceptions which have to be in the High Court, claims can be transferred from the County Court to the High Court and vice versa, that is from the High Court to the County Court, if a Judge so decides.
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A County Court claim can nowadays only be issued in one of two places, either in Salford, which is in Manchester, or in Northampton, which is some 40 miles from my court at Peterborough. If you want to make a claim on paper, you have to send the claim form to Salford.
If you want to start the claim on line, your claim will be processed at Northampton.
There is a court fee to pay to issue the claim. You foaje encouraged to claim on line as the court fees are lower than for paper claims. This slide shows a paper claim form. You fill this in with your details, those of the Defendant, brief particulars of the claim, fuller particulars of the claim fonajw the back of the form, or you can attach particulars of claim if there is not sufficient room on the form.