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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need advice clarified with regard to Appeal to the High Court

Customer Question

I need advice clarified with regard to Appeal to the High Court regarding an elderly claimant with regard to the high court and Permission to appeal out of time.
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 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.

Alex Watts :

What would you like to know please?

Customer:

I want to know if I get permission to Appeal a court order out of time and place a caveat on the claimants estate, (as they are elderly), does the claimant have to be present at both Hearings, the permission to appeal and the appeal hearing which would be in the high court?

Alex Watts :

Permission can be granted on the papers.

Alex Watts :

You put in arguments why it should be given and the Claimants why it should not

Alex Watts :

A Judge would decide on the papers.

Alex Watts :

Then if it is refused you can ask for an oral hearing

Alex Watts :

The Claimants do not have to be there if they are represented.

Alex Watts :

So no, they do not have to attend.

Alex Watts :

If it was a District Judge making the decision you want to appeal it would be an appeal to the County Court Circuit Judge

Alex Watts :

If it was a Circuit Judge that made the decision then yes it would be an appeal to the High Court

Alex Watts :

Can I clarify anything for you about this today please/

Customer:

Thanks but do the elderly claimants have to be alive at the time of the Appeal hearing in the high court?

Alex Watts :

No, you can sue the estate.

Alex Watts :

Does that clarify?

Customer:

Thanks I am clear on this. Question - i have to make application to the county court to freeze interest on costs against me, I have very good grounds as this was a very narrow case. Does my application have to be prepared by a Solicitor?

Alex Watts :

You can do this with your application to appeal. Interest is NOT awarded on costs anyway, only the principal sum the Court ordered.

Alex Watts :

Is that ok?

Customer:

I think I may have misunderstood this then. In this case the opposition put in costs very late, the three month period was up in May 2013 and they failed to file costs until 2nd Jan 2014. The judge has disallowed interest for the period May to Jan. The bill has now been due from 2nd Jan 2014 because agreement between us was not made. Therefore, I thought that interest would be added from Jan 2014 to present. Costs have only just been agreed via a default costs certificate, which I could not set aside. So is there interest from 2nd Jan (commencement bill form N252) to now?

Alex Watts :

You dont get interest on costs only the amount you were awarded to pay in Court in damages.

Alex Watts :

So there is only interest on damages, not costs

Alex Watts :

Does that clarify?

Customer:

Therefore, the total bill form N252 from 2nd Jan 2014 is due now , well some good news at least.

Customer:

Next question - how much does a caveat cost?

Alex Watts :

I can't say I am not a will specialist. I can help with civil litigation issues, appeals etc, but wills is not my area sorry

Alex Watts :

Can I help with anything else?

Customer:

I was told by a solicitor who may commence an appeal out of time for me, that I would need a caveat, to prevent the claimants estate from being split up, in the event the remaining claimant died. And that the estate dissipated before this was resolved.

Alex Watts :

Yes if someone has died and you need to make a claim you would need to do that.

Alex Watts :

But I can advise you on the Court procedures, appeal etc, but I am not a will specialist, so you may need to ask a new question for that for a wills specialist.

Alex Watts :

Is that ok?

Customer:

Can you give me an average rough estimate of cost to appeal out of time. Given I have the court transcriptions and I have the complete evidence of lack of continuity of evidence between two court actions. And given the claimant's witness is coming forward to make a statement the claimant lied to him. In short, I have done the preparation, so the review is minimal, so please what to you think the lowest estimate for Application to Appeal out of time would be. Bearing in mind, this would be for the high court? I was thinking less than £3K. Is this unrealistic?

Alex Watts :

The cost is the fees that the Court charges

Alex Watts :

It would only be High Court if the previous decision was from a Circuit Judge in the County Court

Alex Watts :

High Court appeal is £240 and County Court appeal £140

Alex Watts :

Does that help?

Customer:

Yes, but how much could I expect to pay a solicitor to get this work done

Alex Watts :

£175 an hour on average. Typically if contested around £5000

Alex Watts :

Does that clarify?

Customer:

I will have to go down this route. However, there has been a problem with the definition of the court order, i was found to have breached, now this is not a problem. Please would you confirm when a Court order has attachments, to it, should these legally be sealed, dated and annotated, as none of these apply to the two attachments to the very ambiguous court order?

Alex Watts : They should be sealed but no need to annotate.
Alex Watts : Does this clarify?
Customer:

The Court order I have found to have breached, has a front cover, and two pages attached. Both pages attached are photographs only. None of these photographs are dated, neither has a page number. Neither contains the Court seal.

Alex Watts :

They need to be sealed to be valid as part of any order.

Customer:

Therefore, as these two attachments are not sealed, and I have been taken to court based on their content to multi track. This part of the Court order is invalid. can I do anything about this now? i am sure that only one of the attachments is relevant to the District Judges summary within the Small claims court. Question, can I challenge this now?

Alex Watts :

If you are appealing then you can raise this as part of your appeal.

Alex Watts :

But generally attachments should be sealed.

Alex Watts :

Does that help?

Customer:

Therefore, i can still only challenge this as part of an Appeal, which is underway now. As this is proved to be cheating by the claimant's first Solicitor to include material unproven within the Courts, is he not liable? Bearing in mind I went to the small claims court without representation, because in the first court action, I was the claimant, for what was a small claim. Is it not illegal to add additions to Court orders, which have not been sealed by the Courts?

Alex Watts :

Yes you can challenge part of the appeal or full appeal.

Alex Watts :

It is not illegal but it is not right to add things to a Court Order which a Judge has not agreed to Order

Alex Watts :

Does that clarify?

Customer:

As I did not have a solicitor at the time, this cheating is against my Human rights, under the Human Rights Act 1998 Article 6 for a fair trial. There is definitely one attachment to this Court order, which should not be there, and this promoted further and unnecessary court action. This addition was queried by me, to the Courts at the time. Is is clear, that only one of these attachments was scanned on the Court computer, and not the incriminating one. My experience of lost court paper work, etc, has been awful. This appears to me, to be cheating to defraud me, via promoting court action, or nothing more than court office error. Is there absolutely, nothing I can do about this aspect of this case, other than appeal. because this means that the claimant against me, can send his solicitor unsealed attachments, claiming they are part of a court order, and this is fraud. I don't understand how a Court order, as a legal document can have unsealed attachments, which anyone could have added to use against me, by going to another Solicitor in the second action, who has no knowledge of the previous case. Please, how can this Court Order be a legal document, with unsealed attachments?

Alex Watts :

No its not against Human Rights. That can only be against a public body

Alex Watts :

Please get a grip with this and stay focused.

Alex Watts :

Focus on your appeal.

Alex Watts :

I have already said that any attachments must be sealed.

Alex Watts :

If they are not the body of the order is valid, just not the attachments

Alex Watts :

But dont get too mixed up - concentrate on the substantive appeal

Alex Watts :

Does this clarify?

Customer:

ok, I am distraught, I am preparing my permission to appeal file. A solicitor will carry this out. This case was lost in the multi track. Will permission to appeal be at the County court, via the same Judge, or the High Court? Thanks

Alex Watts :

It is likely to be at the County Court.

Alex Watts :

If the decision on multi track was made by a District Judge then the appeal will before a Circuit Judge at the County Court

Alex Watts :

If the decision was made by a Circuit Judge then the appeal will be before a High Court Judge

Alex Watts :

Does this answer everything?

Customer:

Do you have any approx. time scales and fast track to request permission to appeal at the high court, I am still foggy whether the permission to appeal and appeal are all at the same time?

Alex Watts :

It really depends on listing and box work, but assume you get permission it should be a month or two

Alex Watts :

Does that clarify?

Customer:

Therefore, permission to appeal is separate application to the high court. Is this application in written or oral form by my solicitor. i am sorry to be so unsure, of all this I have spoken to a local solicitor and everything was so unclear. I employed a local solicitor immediately after the hearing, he sent me to the County court for permission to appeal, which was wrong, although I paid him to do this. After, £4K nothing had been done, and he was involving a Barrister for just the permission to appeal, I don't understand why this was necessary. Therefore, question will my solicitor apply in writing or does she have to go to London?

Alex Watts :

It is one and the same. You apply to appeal and if granted there is an appeal hearing. Permission can be given in a week or so.

Alex Watts :

You do need a Barrister for permission if its an oral hearing.

Alex Watts :

It will be in your local High Court not necessarily London

Alex Watts :

Does that help?

Customer:

But, is permission to appeal in written form first, and then only an oral hearing if written application is unsuccessful?

Alex Watts :

YEs

Alex Watts :

Written permission, then oral

Alex Watts :

Can I help with anything else?

Customer:

So can written permission can be done by a solicitor and not a Barrister, then if successful the Barrister carries out the Appeal?

Customer:

or even written permission by a lay person?

Alex Watts : Yes, you can do all the steps yourself if you wanted.
Alex Watts : Does that clarify?
Customer:

Therefore, I only need a Barrister if this goes to oral hearing? and the rest can be done by a Solicitor

Alex Watts : Yes that is right. Does that help?


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

I am still looking at permission to appeal pertaining to damage limitation, and hope that this alone may help with further negations regarding costs against me.


 


Question : Please will you confirm if Application to Appeal out of time has to be presented in exactly the same formate as the actual appeal?

Customer: replied 2 years ago.

I am still looking at permission to appeal pertaining to damage limitation, and hope that this alone may help with further negations regarding costs against me.


 


 


Question : Please will you confirm if Application to Appeal out of time has to be presented in exactly the same formate as the actual appeal. I need to know which form to use. N161?

Expert:  Ash replied 2 years ago.
Yes it's exactly the same.

Alex

Customer: replied 2 years ago.

I am applying for permission to appeal out of time myself, I have to get this from a circuit judge at Worcester county court. Do I send all copies to the County court, for them to forward to the Court of appeals London, or can this be dealt with at the Appeals Centre in Birmingham?


 


(I have a strong case, but can only afford a Barrister for an Appeal hearing)

Customer: replied 2 years ago.

I need to know if my application for permission to Appeal out of time, to the county court will be sent to the Appeals court in London or Birmingham, Appeals Court, I am asking for a paper review?

Expert:  Ash replied 2 years ago.
You can send to Worcester.

Alex
Customer: replied 2 years ago.

If permission to appeal is granted at Worcester, will the court office forward all copies on, and will this be The Appeals Court, London, or The Appeals Court, Birmingham?


 


I have received conflicting information from a local Solicitor?

Expert:  Ash replied 2 years ago.
If it an appeal from Worcester it came be heard at Worcester.

Alex

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