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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am due to hand in a request for an oral appearance before

Resolved Question:

I am due to hand in a request for an oral appearance before a district Judge in Brighton. However the transcript of the case is not due for another three weeks. What is the procedure for requesting an adjournment till I have the transcript of the judgement in the case at Horsham County Court ?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Are you appealing a decision please?
Customer:

Hello Alex.

Customer:

Part of the paperwork for the Distric Judge was the transcript of the original Judgement by Judge Taylor.

Customer:

I had to pay over 100 pounds to have that done.

Customer:

However there was a delay because the transcript company seemed to think the proceedings took an hour and a half.

Customer:

I then had to write to the Local Judge explaining that the case took under 20 minutes and requesting that this be communicated to the transcript company.

Customer:

The paperwork would then be looked at by Judge Taylor and sent off to Brighton

Customer:

However, before this paperwork could be sent the Judge in Brighton failed the appeal because there was no defense to the possession claim.

Customer:

I would have needed a copy of that document myself to complete the process of submitting the defense.

Customer:

I was informed by the transcrip company that the court would contact them to determine when the documents they were working on were due.

Customer:

Now I have to request an ajurnment so that I can have all the paperwork ready for the oral appeal that I have been allowed.

Customer:

Just seems unusual that I have to find myself in this position considering that the issues were not created by myself but rather by the Horsham Court that in the first instance gave the transcript company the wrong information regarding the length of the case and thus delayed the paperwork getting to the court in Brighton.

Alex Watts :

Yes but why are you going back before a District Judge - is there is a dispute of what was said or are you appealing please?

Customer:

Sorry Alex I was doing the school run. As I explained earlier I was waiting for the transcript. In fact the person doing the transcript just called at 5pm to tell me they doing the job.... Before his Honour Judge Simpkiss. Ordered that permission to appeal be refused.. Reason No defence to the possession claim has been advanced. Note: the appealing party(1ist Defendant) is at liberty to ask for the above decision to be reconsidered at an oral hearing. The hearing may be before the same judge and may be at Brighton County Court or another court in Surrey or Sussex depending upon judicial availability. The appealing party's request for an oral hearing must be made to the appeal court(Brighton County Court) within 7 days of receipt of this notice, that is by the 11th December 2013 by 4.pm....... I need to get the transcript to deal with this matter so I was wondering about how I make a request for adjournment till that transcript is done.

Alex Watts :

You need to make an application for an adjournment using form n244 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

This is the proper process.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hello Alex, in these cases can I request such adjurnment for this reason ?

Alex Watts :

You can if you need the transcript.

Alex Watts :

But I assume you have ordered this already?

Customer:

If I request an adjournment can it be done together with the requset for an oral hearing. ?

Customer:

Yes I ordered the transcript, but the court sent more than was related to my case resulting in this delay.

Alex Watts :

Yes you can do this in the same application

Customer:

As you can see there is clearly the door being left open by the Judge in this matter which I am happy about even if I cannot see how the decision was made before all the documents were submitted. I need to do the request for oral hearing and the request for adjournment together.

Customer:

So am I using the same form or do I just do the request for the oral appeal on a separate sheet with the related headings ?

Alex Watts :

You use the same sheet for everything

Customer:

Totally cool !

Customer:

Is there anywhere that I can see a specimen copy of how they do this ?

Alex Watts :

Sadly you can try online. But you simply just ask for what you want and why

Customer:

Ok.

Customer:

Regarding this matter of the so called "defence to the possession claim" is there a case you can recommend that I read that demonstrates the use of this process ?

Alex Watts :

to look up cases you can go to: http://www.bailii.org/

Customer:

Fabulous. I was trying to narrow down a case that you may know ?

Alex Watts :

Sadly I can not provide legal research for you, as it is against site rules

Customer:

Oh dear !

Alex Watts :

Anything else I can help with?

Customer:

That makes it difficult as there are literally thousands of possession cases. But I will have a go from tomorrow and see how it works.

Customer:

One final question.

Alex Watts :

Yes?

Customer:

I cannot understand why the decision was taken before the transcrip was submitted and the judge had no idea what was said so how could he or she make up their minds like this ?

Alex Watts :

That is a matter for the Judge.

Customer:

Right but the door is ajar so I will not grumble. As usual you have been excellent. Thanks for the support and advise I will battle on. I do wish you a most splendid evening. If I get unhinged anywhere along the way i hope you will have a moment to guide me back onto the right path as you so admirably have done so far.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Have done that from the first day ! Cheers XXXXX XXXXX a good evening.

Alex Watts :

Thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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