Ok - then yes you can still appeal
Whilst there is no live bailiff action you can appeal
Even if a warrant of eviction has been granted you could still appeal but ask the appeal Court to suspend any enforcement pending an appeal
You need to complete form N161
But ask the Court to suspend enforcement pending appeal
But YES you can appeal after possession order has been made but before eviction
Can I clarify anything for you about this today please?
You can ask the Court to do that, but really that would be determined at the appeal
Does that clarify?
The order was made at Brentford County Court is that the court to put the appeal back too?
Yes it would be Brentford CC
Can I clarify anything else?
yes sorry, she has till 5pm friday to appeal, that would be 21 days from May 30th. yes? also if she does not appeal by then, shes a bit demoralised and not listenting to me. Can seh appeal out of time? If she does not appeal, will the court give notice of eviction hearing date or is it ex parte? If she knows the date and goes to court can teh eviction hearing judge determine the issue of succession?
The judge who order possession was not asked to consider succession. As her legal reps said it was to hard to prove and she should just accept shes losing the house. She was then let go and has not recieved the official order yet.
I guess teh appeal judge can order that the court considers the succession as they did not initially consider?
Alex, many thanks. my firend is demoralised. I think that she not going to appeal in time. Shes afraid of the costs, ie appeal costs, rent, daily occupation charge etc. I suppose at the eviction hearing the judge would just agree a final move out date for the bailiffs to act or not before and that no further decussion on the merits or otherwise of succession could be made.
But thanks for your help. She may change her mind by Friday.
My friend is very demoralised can she appeal out of time? She should have apepaled last friday. can the judge at eviction court rule on succession?