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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a buy to let landlord who had a dispute with a former

Customer Question

I am a buy to let landlord who had a dispute with a former tenant over the issue of an infestation of bedbugs at the flat where she had been living. Since the costs incurred by me in putting the matter right were greater than the amount of money held as a deposit, I took her to the small claims court to seek resolution.

On the day of the hearing--10 July 2013-- the defendant did not show up and I won by default. However, the defendant, upon being made aware of the judgment, then claimed that she had misunderstood the previous instructions of the court and believed that we would be going through an independent arbitration process first; this even though I had never been involved in any written or verbal discussion of going down any alternative resolution channel and even though I had sent a full file of evidence in advance.

Even though the defendant was out of time to appeal, she attempted to do so and on September 13 we both attended the court to have a hearing on whether she had sufficient grounds to be allowed to have the previous judgment set aside. The judge, having heard from both of us, dismissed her application.

The defendant then appealed against the judgement that she could not appeal. There was no hearing for this and the matter was handled through a paper process where another judge inspected the files. The ruling of the Court in this matter was sent out on October 30 2013.

I quote from the document:

"And upon the court being of the view that the defendant is out of time for filing an appeal against the judgment given 10 July 2013 and further that the appellant has not formally applied on notice to the respondent (formerly the claimant) for permission to appeal out of time

Of the court's own initiative it is ordered that:

1. The appellant's Appeal filed 27 September 2013 be dismissed.
2. A party affected by this order may apply to have it set aside, varied or stayed within 7 days of service upon that party of this order."

Following this judgment, the defendant paid up and the deposit protection service which had been holding the money released it to me and I believed that to be the end of the matter.

However, on March 20, 2014 I received an email from solicitors representing the defendant (now referred to as the appellant) documents that have now been sent to the court and that have been sent to me "by way of service"

1. A appellant's notice
2. A witness statement from the appellant
3. Grounds for her appeal (which so far as I can see are no different from the reasons that she gave for her previous appeal)

My questions are:

1. Can she do this?
2. Do I have to state to either the court or to the appellant's solicitor that I do not grant permission for this appeal to go forward out of time? I note that in the previous final judgment the court gave seven days to appeal its last decision and this has long passed.
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.
I am willing to wait. Thanks
Expert:  Nicola-mod replied 3 years ago.


Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola

Expert:  Ash replied 3 years ago.
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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

A. Yes the defendant can file a appellants notice

B. it's not your permission being sought, it is the court. The court will grant permission of if there is a prospect of success, but it's not your permission.

Can I clarify anything for you about this today please?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 4 other Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks. Can she just keep doing this an unlimited number of times? She's already had one hearing to have the judgment set aside which she lost and an appeal to that set aside. How many times can this repeat? It takes me a lot of time and effort each time. Also, if I write to the court making arguments why the judgement should not be overturned, will they take those under consideration?
Expert:  Ash replied 3 years ago.
1. There are limited times they can do this.

They can apply to set aside and then seek permission to appeal. If permission is refused then that is the end.

You can write and say why the matter should not be given permission.

Can I clarify anything else?

Alex

Customer: replied 3 years ago.
Thanks, just one more question.

We have already had a hearing where she asked to have the judgement set aside so she cpuld appealand this was refused. She then appealed the refusal to have the judgement set aside and this was also refused (though not at a hearing). So if it is OK for her again to
Expert:  Ash replied 3 years ago.
She is entitled to ask for oral permission from a higher level judge.

If this is refused, this is the end.

Alex