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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3493
Experience:  Solicitors 2 years plus PQE
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I wish to appeal against a summary judgement for £8,000 in

Customer Question

I wish to appeal against a summary judgement for £8,000 in the county court and I need help with the Form N164. I was present and represented myself at original hearing.To be successful what do I have show -mistake of law or mistake of fact or both and what else would an appellant judge be looking for? Also the form I can ask for a stay of execution but have to give reasons , can you supply some examples
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

Firstly in relation to the appeal in order to make an appeal you need to follow CPR 52 and the associated practice direction. The main test is that you have to have a real prospect of success or some other compelling reason. It is not a re hearing, so therefore a mistake of law or fact would be grounds for an appeal subject to the appeal notice being accepted.

Secondly in relation to the Judgment are you looking for a stay of enforcement proceedings? If you are intending on appealing you should ask the otherside to confirm that they undertake not to enforce the Judgment until the appeal is dealt with otherwise you will hold them accountable for the costs incurred should your appeal be successful.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

Good Morning A.J.


 


I had read CPR 52 and was hoping for some more meat on the bone or case that or two that may assist


 


I had already have asked other side to stay proceedings as you suggest but they refuse. As you know they don't have to and CPR 52.7 says an appeal does not act as stay so that is why on Form N164 it specially asks for reasons why the enforcement should be stayed. I am looking for inspiration as to good reasons that would be acceptable by the court. I would expect that telling them I don't have the money will not suffice!


 


Also I understood the appeal time runs from the date of service of the court order [CPR 27.11(2) -is that correct?


 


Thanks


 


Allen

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Could you tell me a little bit more about the potential mistake of fact or law?

The CPR you have referred to is were you are seeking to have a Judgment set aside, this applies to a default Judgment. Yours is a summary Judgment so presumably you were present at the hearing. If you have not asked for a right to appeal at the hearing then the appeal notice must be filed with 21 days as per the CPR 52.4. You can apply to have this extended under Practice Direction 52B.

If you can give me any more detail I should be able to assist further.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

AJ, thanks. Just focusing on the appeal time for now as J/ment was 6th of November. I need to get this absolutely correct and would rather do it in time than asking the court favours out of time.I have read 52.4 but does it matter it was small claims track-that is why I am using Form N164. When I rang court they said 14 days after date of j/ment. I know they do not give advice but the clerk deals with these matters every day it seemed pretty confident and I heard him confirm this with a colleague. Please forgive me but I have to ask-are you absolutely sure it's 21 days. Please understand I want you to be right I somehow have a gut feeling it's different in small claims track?


 


Allen

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

It says in the CPR 52.4 21 days but the court has the discretion to shorten this period (also under CPR 52.4). It maybe that the time period has been shortened and the clerk is aware of this. On that basis if you can I would stick to the 14 days you have been told.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

Surely, they can not shorten it without telling me ,the judge would have said so in the original order surely.


 


Allen

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Yes if they have shorten the period then yes they should have said. What the clerk has told you seems at odds with the CPR. I would recommend you ask the clerk why he believes the time period to be 14 days to serve the appellate.

In all practicality it should be done asap in order to get a hearing date and shorten the time in which the claimant has to enforce.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

Ok,have been away & I will lodge appeal today but still need inspiration on reasons for a stay-any suggestions.Is there any case law that have conatined acceptable reasons or any practice guide?


 


Allen

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I would need to know some of the facts of the case? How did the claim arise?

What was your defence? Why did the Judge give a summary Judgment?

Kind regards

AJ
Customer: replied 3 years ago.

AJ, too late for all that as 21 days expired yesterday so I did the best I could but one last issue I will apply under for payment by installments under CCR 22 Part 10 but I can not find any time limit on when you can apply-is that correct?


 


Many thanks


 


AE

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I cannot see any time line for this, so on that basis I would say it must be as soon as possible.

I know that is not necessarily the answer you were looking for bare in mind that you only have 14 days to pay the Judgment anyway, so practical reasons you could say the time limit is 14 days. Also you should ask the credit first to see whether they will agree to installments. If they want to be difficult about it say to them that if they dont allow you to pay in installment you may have to consider bankruptcy and they will likely get nothing.

In relation to the appeal you can apply for an extension to the time limit.

Kind regards

AJ

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