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tdlawyer
tdlawyer, Lawyer
Category: Law
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Experience:  11 years experience of general practice.
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I am filling out an Appeal form N161 and I need answers on

Resolved Question:

I am filling out an Appeal form N161 and I need answers on 2 points - Section 7 - do I fill out set aside whole order
Section 8 Do I fill this in at all ?
Do I need to supply a Bundle with Appeal ?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

If you're asking the Court to set aside the order in section 7, then you just tick that box.

Customer:

Ok I have ticked box to set aside Order, Do I then complete Section 8, s I do not understand this section, explain

Customer:

Also am i right in setting aside whole order ?

tdlawyer :

I don't know what the order is, so I can't say whether you're right to ask to set aside all of it.

tdlawyer :

Section 8 - its asking what you want the outcome of the appeal to be.

tdlawyer :

If you're challenging only part of the order, then you tick the middle box.

tdlawyer :

And you tell the Court in the box where you type what new order you want.

Customer:

Order is return the car or pay the outstanding amount. The car no longer belongs to me, it was a business car and now the business is owned solely by my wife, thus she is an interpleader in this case, At the first hearing I was told by the judge that the ownership was to be proven, and i have documents to prove this, that car is no longer mine, but at the second hearing the Judge did not even look at evidence, would not let my witness speak and made the Judgement without the due procedure etc but I am still unsure what to fill in in section 7, is it best to state Whole Order ? I admit I owe loran but I have to pay loan monthly, the cat is not part of this as the car is not mine, that was witness statement, she is the interpleader in this case, so he's decision was also unreasonable, hence my appeal. but at this stage, I need clarification on exactly what to fill in for section 7 and 8.

Customer:

Point by point what do I write in section 7 and then section 8, section 8 has point a,b,c

Customer:

Section 9 I have filled in as per my evidence but it states in support of section 8 ? tell me exactly what sections I need to fill out pl and a,b,c, as this is confusing

tdlawyer :

So are you challenging it on the basis the judge didn't read/consider the evidence properly as he should have done?

Customer:

Yes, exactly, I have already ascertained this, but do not understand section 7 and 8 and how to fill them in

tdlawyer :

Okay. Section 7 - it requires you to either lodge with this form, or promise to send later, grounds for opposing what the court has done.

tdlawyer :

You would be saying that you believe the judge didn't read the evidence, assuming this is what you're challenging.

tdlawyer :

Then you need to say why in your skeleton etc.

tdlawyer :

This, being a SKELETON argument, means only a brief outline.

Customer:

So set aside the order or vary ?

tdlawyer :

Do you believe the whole result of what the court ordered would have been different had the judge had read your evidence?

Customer:

Unclear, but the order was made incorrectly, as Judge erred, and did not make an reasonable decision. Oder has given costs to other side etc. Part of Oder. i got a loan against the car, as security but my wife, whom was my business partner, is now th sole owner of the car, i.e. she is a sole trader, she is now the interpleader as the car is her's, a business car.

Customer:

I am saying, yes i can pay the Loan back, monthly but as the car is not mine, it has no par t in these proceedings. I have evidence form her accountant etc, that car is business car, and was originally sold to us as business car, I have since left the business. She obviously feels she has ownership of the car, but the Judge, would not let her speak at all at the hearing, even though she was a witness, he also did not look at the evidence I provided. He made up he's mind that this was a straightforward sale of Goods procedure, when in-fact there is a third party involved

tdlawyer :

Then it sounds like you're challenging the entire order - as you would presumably say that had the judge considered the evidence, then he would have done all of it differently - i,.e. you would have won (I assume) and he would not have ordered costs against you. So, you would therefore ask for the whole order to be asset aside.

Customer:

My wife signed no documentation for my loan and due to the stress of funding the business at the time, I ddi not disclose the loan to her, she is the innocent party and intervener in this but the Judge was unwilling to look at this

tdlawyer :

Understood. From what you've said, you're asking for box 8 - set aside the order made.

Customer:

Ok, so to clarify once I have put whole order, how do i fill out section 8 ? Plus in section 5 I wrote 'the Order as it stands', as it says set out the order you wish to appeal, am I correct here ?

tdlawyer :

In section 5 - you repeat the text of the whole order.

tdlawyer :

Section 8 - you tick the first box (that's it).

tdlawyer :

You understand?

Customer:

first box section 8 is apply for stay of execution because ? - What do I put in box ? Then support in docs what do I include ?

tdlawyer :

Well, why do you want the court to stop the enforcement process? Because you feel the appeal will be successful and it will result in no enforcement taking place?/ You need to tick PART A in box 9 if that's what you want to ask for.

tdlawyer :

Supporting docs can probably just be an explanation here. You should add evidence, being a witness statement in your name, as to why you say the judge didn't read your evidence.

Customer:

Do you mean section 8 tick box part A - I apply for stay of execution becasue - What do I write here exactly ?

Customer:

yes stop the enforcement, its my wifes car, not mine, so how can the enforcement be carried out ? ( That is whee my evidence comes in )

tdlawyer :

You put WHY you want to prevent people enforcing the order. So, you explain that you believe your appeal will be successful and that it would result in the order not being made, and that if the order is allowed to be enforced in the meantime, it will result in prejudice to you.

Customer:

on section 10 (supporting documents) do I need another Witness statement ? As I have already done a skeleton arguement with all the points in the skeleton as to my reasons for the appeal, do I repeat again in the form of another witness statement ? next section is bundle, what do I need if any.to send in bundle ?

tdlawyer :

Yes, you have to do another witness statement. You do largely repeat what was in your skeleton sometimes, but it's because the court takes this as being the evidence you would give in the witness box if you were asked to give evidence about the issues in your application.

tdlawyer :

You need to do a bundle of documents, yes.

Customer:

Is not the bundle the same as the docs in supporting docs ? do I just have to send 2 copies i.e. one for supporting docs and one for bundle ?

tdlawyer :

It would include the order to be appealed, this notice, the transcript of the hearing, the witness statement in support of your application and anything else the court might order.

Customer:

Most of the docs asked for in bundle i do not have i.e. application notice, etc. I have asked for the transcript, but Court only replied today, that this will take 20 days. the court has not ordered anymore docs yet, as not gone to appeal yet. what is 'this notice' ?

tdlawyer :

The application notice is the notice you're completing now.

Customer:

sorry, These forms driven me demented. so I hope that is all i need to do, as I will again do another r witness statement in support, which is basically a reaper of my skeleton argument and that is all ? thanks

tdlawyer :

Yes, pretty much, that's right.

tdlawyer :

Is there anything else you would like me to answer for you?

Customer:

Hi, just to confirm that I had to rush off yesterday. Finalising Appeal, can you confirm that the 21 days to file the Appeal, starts from the date on the Order I received by post ? Order is dated 17.2.14, so I am still within 21 day period. but I suddenly worried that the 21 days commenced from day of Hearing which was 6.2.14. Please confirm i am correct and it is form date of Order i.e. 17.2.14

Expert:  tdlawyer replied 3 years ago.

Yes, that's right for the period to appeal, it's from the date you're told the outcome of the hearing.

 

If you knew the outcome of the hearing at the hearing (i.e. judgment was not reserved), then this is from when the appeal period starts.

 

 

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Category: Law
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Experience: 11 years experience of general practice.
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