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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34283
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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Does this seem like a appropriate mail:​Dear JudgeThis

Resolved Question:

Does this seem like a appropriate mail:​Dear JudgeThis email is to ask for your permission to appeal the judgement you issued Tuesday, and in particular the cost aspect of your order.I now realise that I should have applied for permission on Tuesday, and would hope that you consider this request in light of my being a litigant in person. Unfortunately I came down with a bug (and still am), which prevented me from taking action on Tuesday or Wednesday.Of course, I would be happy to provide you with a skeleton argument for the basis of my appeal or a form N161.Thank you for considering my request
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiExcellent!Clare
Customer: replied 1 year ago.
I sent - and the judge denied - basically reciting the arguments from his judgmentI wouldnt mind taking to to the court of appeal. Is my understanding correct that:
1- i need to submit form N161 incl skeleton argument
2- there will first be a prelim hearing where a judge will provide advice/soft direction regarding the merits of my appeal - untilm this stage the respondent typically is not required to do anything/incur cost
3- if, based on stage 2, there seems a case to push forward the actual appeals process startsCorrect?
Customer: replied 1 year ago.
what do you think?
Expert:  Clare replied 1 year ago.
You need to appeal the refusal of permission and file the appeal at the same timeThey will be a first hearing - at which the appeal CAN be dismissed (which you will then appeal)
Customer: replied 1 year ago.
Am i correct in assuling that for this first hearing the respondent typically is not required?
Expert:  Clare replied 1 year ago.
Their attendance can be optional
Customer: replied 1 year ago.
I am just worried about them racking up costs again before this first hearingIs there any possibility to 'stay' the execution of the cost part of the order pending my appeal?
Expert:  Clare replied 1 year ago.
There is no need to do so at this stage - you can ask for a stay at the first hearing
Customer: replied 1 year ago.
Ok - yet - the cost order has been made for payment in 28 days and the first hearing may not happen before then
Customer: replied 1 year ago.
Does that change anything regarding the stay?
Expert:  Clare replied 1 year ago.
No not all - there is no need to worry at this stage
Customer: replied 1 year ago.
sorry - i am not clear. The order says i need to pay in 30k.The appeal hearing will likely take much longerSo is there a way to avoid paying?
Expert:  Clare replied 1 year ago.
The first hearing is likely to be sooner than 28 days
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