McAfee (Martin) v Cook (Paul)
| Jurisdiction | Northern Ireland |
| Judgment Date | 27 January 2011 |
| Neutral Citation | [2011] NICty 1 |
| Court | County Court (Northern Ireland) |
| Year | 2011 |
| Date | 27 January 2011 |
Neutral Citation No. [2011] NICty 1
Ref:
Judgment: approved by the Court for handing down
Delivered:
27/01/11
(subject to editorial corrections)*
IN THE COUNTY COURT FOR THE DIVISION OF BELFAST
SMALL CLAIMS COURT
BY THE DISTRICT JUDGE
Case Number 10/147125
MARTIN McAFEE
Applicant
And
PAUL COOK
Respondent
District Judge (County Court) Wells
1. In this Small Claim the Applicant appeared in person and gave his
evidence orally. The Respondent, who lives in Hull, England,
indicated that he had chosen not to travel to court, but sought to give
his evidence by way of statement in his Notice of Dispute. (He had
also asked if it was possible to “arrange . . . for [him] to telephone
conference into the courts”. This was unfortunately not possible.
2. I have no problems with weighing the Respondent’s case from the
Notice of Dispute and draw no inference whatsoever by his failure to
attend. Indeed, I challenged the Applicant with the Respondent’s case.
3. The proceedings commenced by an on-line Application on 17th
November 2010; the Notice of Dispute is dated 8th December and I
heard the matter on 25th January 2011. The Applicant claimed £1080
being a refund of monies (£530.00) paid by him for a product supplied
by the Respondent and related costs.
4. Much of the evidence was quite technical and there was much jargon
and many acronyms to deal with. I regret if I misinterpret any of
these. I found the following facts.
5. The Applicant trades as HRD Services. He provides training
development to clients, sometimes in the workplace, other times in a
classroom. He also provides courses on-line. The Respondent trades
as PCM2U – he provides software access for VLE (perhaps Virtual
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