How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

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: 2 years ago.
Category: Law
Expert:  Ash replied 2 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.
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions