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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I feel I was prejudiced at a recent hearing which was actually

Customer Question

I feel I was prejudiced at a recent hearing which was actually for a committal where as I appeared without representation and case knowledge due on commercial rates bill which I believe I am not liable for due to non occupancy and having subleased the premise from the offset of the head lease , however I was not really heard to and have been committed to 90 days imprisonment subject to payments being made in 3 installments I want to appeal the Magistrates decision??? how much time do I have and what is the procedure???
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

You can appeal any decision of the Magistrates to the Crown Court within 21 days of sentence. You have to lodge a notice of appeal at court. If you haven't done so already then you can return to court.

However, its one thing to have an automatic right of appeal and another to have a good chance of appeal. Obviously I havent' had full vision of this case so I cannot say whether you have a realistic prospect of succeeding. what I can say though is that non occupancy alone will not be sufficient. If you are the liable person then you are the liable person whether you were there or not.

Sorry but thats your position.
Customer: replied 3 years ago.

The premises was subleased at all material times and never intended for my trade at all as I was the intermediary for the Dubai Company and they paid all bills as evident and also the lease payments which were paid to the landlord by them, so just by having the Lease in my Name does that make me liable to pay?

Expert:  Jo C. replied 3 years ago.
If the lease was in your name then its likely that a Court would find that you were the liable person unless you have a contract to the contrary and then a Court might well require you to explain why you didn't appeal to the council.
Customer: replied 3 years ago.

Yes that was the basis the Court were going upon without giving any notice to my response, yes there is a contract with the Dubai company, and I never received anything until the recent hearing letter, as only recently which the council acknowledge too that they had received my personal details from the landlord..... there is strong case history behind my circumstances too, and I have scarcely been in the U.K also due to certain prejudices which after 4 and a half years I was cleared of as innocent, however, after my appeal if I proceed, what will happen and if the Crown upholds the magistrates position what will happen? I am to pay £14000 as my first installment on or by 14th Jan, followed by two monthly payments, would I still pay if I appealed or what would happen?, or would I await the outcome of the appeal, and what is your advise briefly upon the above, hopeless or then any prospect of real success.

Expert:  Jo C. replied 3 years ago.
I haven't had full vision of the case obviously. However, as I've said, I'm afraid there is a strong chance the Crown Court would not take a different view of this.

Delighted to continue with this but please rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

have rated you thank you, so your basically saying it is hopeless to \appeal?

Expert:  Jo C. replied 3 years ago.
Not necessarily. Often enough Magistrates do make the wrong decisions but obviously I havent had vision of this case.

You might be able to explain the fact that you didn't appeal by pointing out that you heard nothing about this from the Council but obviously you will have to account for why the lease is in your name.
Customer: replied 3 years ago.

So what do you honestly advise/ suggest I do? circumstances and history is strong, but if you say faith in Justice, disappointingly I can not say I have any left! but am certainly not sure whether to leave it as in injustice or then respond?


 


how would you be able to have sightings of the case, I don't have anything apart from the demand letter and the sentence passed..... lease accounting for is clear landlord just wanted the lessee to be UK domicile and was reluctant to let it directly to the Dubai Company....

Expert:  Jo C. replied 3 years ago.
Yes, but I think they are probably saying that you were the liable person and these contracts and other companies were a way of avoiding payment.

I don't know how strong their case is obviously but I suspect thats probably the basis upon which this was put.
Customer: replied 3 years ago.

I did not get a response to my initial ? if I appeal whats the process? and what will happen? and if I lose what will happen?

Expert:  Jo C. replied 3 years ago.

You can appeal any decision of the Magistrates to the Crown Court within 21 days of sentence. You have to lodge a notice of appeal at court. If you haven't done so already then you can return to court.

If you lose they will resentence which can mean that your sentence will be increased.

You will certainly have to pay costs.

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