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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am currently in the process of appealing a final AR order

Customer Question

I am currently in the process of appealing a final AR order in England. However, I am confused as to what I need to put into the appeal bundle. I know from the PD, it states the following:
(a) a sealed or stamped copy of the appellant’s notice;
(b) a sealed or stamped copy of the order being appealed, or a copy of the notice of the making of an order;
(c) a copy of any order giving or refusing permission to appeal, together with a copy of the court's reasons for allowing or refusing permission to appeal;
(d) any affidavit or witness statement filed in support of any application included in the appellant's notice;
(e) where the appeal is against a consent order, a statement setting out the change in circumstances since the order was agreed or other circumstances justifying a review or re-hearing;
(f) a copy of the appellant’s skeleton argument;
(g) a transcript or note of judgment or, in a magistrates’ court, written reasons for the court’s decision (see paragraph 5.23), and in cases where permission to appeal was given by the lower court or is not required those parts of any transcript of evidence which are directly relevant to any question at issue on the appeal;
(h) the application form;
(i) any application notice (or case management documentation) relevant to the subject of the appeal;
(j) any other documents which the appellant reasonably considers necessary to enable the appeal court to reach its decision on the hearing of the application or appeal; and
(k) such other documents as the court may direct.
I am confused about whether I need to put anything in the appeal bundle that was in the original trial bundle, or do I simply take extracts of where I want the appeal judge to see what was detailed in the lower court.
I want to add some new evidence, which was not disclosed by my ex-wife, but I am not sure if I only need to put evidence which was not seen by the lower court. Can someone clarify please?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
The relevant direction is set out here
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52/practice-direction-52b-appeals-in-the-county-courts-and-high-court
This is NOT a re-hearing of the case
However RELEVANT documents from the case may be included in the bundle.
In this case the Form E and Questionnaire and the missing statements would be relevant
Clare
Customer: replied 1 year ago.

Thank you for your reply. However, as this is Family Court, should the directions not be taken from:

http://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_30a

I know Family Court comes under Civil rules, but there are some minor nuances in the directions, so which should I take heed of?

Expert:  Clare replied 1 year ago.
Hi
My apologies you are indeed correct - although in principle the contents of the bundle remains the same with slightly different wording when describing documents
Clare

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