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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am considering appealing a decision by a Recorder in the

Resolved Question:

I am considering appealing a decision by a Recorder in the Court Court in relation to a preliminary issues hearing and cost award in a debt case driven by Breach of 116/117 of the insolvency Act.

During the hearing there were a number of procedural inequalities (Claimants opening remarks lasted 2.5 hours mine were cut off after 20 minutes - the claimant did closing statements AFTER me, was allowed to speak for an hour and a half and I wasn't allowed to read my closing submissions statement)

During the trail the Judge stated he didn't have to consider a previous ruling, relevant to this hearing, from a previous Application To Have the Judgment Set Aside 'because it came from a lower court' - the Ruling was intact made by a District Fudge of over 10 years standing whilst the judge in the prelim issues hearing is a Recorder.

The Judgement was unfair, the ruling inaccurate and the basis on which it was made is flawed - can i appeal the decision and cost award and how do I do it - I am a litigant in person
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** 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.
Alex Watts : Did you seek permission to appeal at the hearing please?
Customer:

No - is that going to be a problem?

Alex Watts :

When was the hearing date please?

Customer:

Thursday 26th June - 1 week ago

Alex Watts :

Ok - that is ok.

Alex Watts :

You have 21 days to appeal the decision

Alex Watts :

You have to request a copy of the transcript

Alex Watts :

You do this on Form EX107

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex107-eng.pdf


 

Alex Watts :

You then need to complete and file an Appellants notice before day 21

Alex Watts :

You complete form N161

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n161-eng.pdf

Alex Watts :

You can only appeal if there has been an:

Alex Watts :

1) an error in law

Alex Watts :

2) there has been an error in procedure

Alex Watts :

3) the decision made was one which no reasonable Judge could have made

Alex Watts :

You need to apply for PERMISSION to appeal on the papers first

Alex Watts :

If this is refused you can ask for an oral hearing

Alex Watts :

if this is refused then you can appeal to the Court of appeal

Alex Watts :

If the permission is granted then you go on to the substantive appeal to show why the Judge got it wrong

Alex Watts :

The Judge can overturn the decision and either make his own or remit it back for further hearing

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I will look at the relevant forms and request the transcript - i assume this is of the Judgment not the whole hearing

Customer:

Can I come back to you if I need further support?

Alex Watts : You can ask for judgment or whole hearing, but generally it's only the judgment you need.
Alex Watts : You can come back.
Alex Watts : If I can invite you to rate my answer, the system gives the impression the question will close but it remains open.
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