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.
I assume the legal rep and barrister was on her side please?
Her side? Who do you mean by her? For the Council or your mother?
Were they the tenant please?
Apart from Amazon invoices, can she prove she was living there?
Does she have utility bills there?
She has evidence she had been living there?
But her legal reps failed to show this to the Court?
On what basis did they ask for 14 days rather than fight for possession please?
So they went against her advice?
Yes she could certainly appeal this decision
As there was a hearing then she can not apply to set the order aside it must be an appeal
She needs to complete form N161
She also needs to apply to the Court for a transcript of the proceedings
She sends the documents to the Court and must do this within 21 days and seek permission to appeal on the papers
If this is refused she can ask for an oral hearing
If this is refused an oral hearing then her only chance is to appeal to the Court of appeal
But she can appeal the decision yes
Can I clarify anything for you about this today please?
My friend is demoralised by the whole affiar. But if she does not leave and the council ask for a eviction order. Can the court considering the eviction order determine succession issues?
Also can the council be asked to consider the succession again i.e. can they not act on the possession order and reconsider the matter?