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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.
Did the preliminary hearing have any effect whatsoever on the Judgment please?
Is this referred to in the Judges reasons?
The judgment was exclusively on the preliminary issues -
This was whether or not there was an agreement/contract in place that protected me from being pursued by the claimant for the debt
There were two interpretation sod the contract - mine and theirs - Mine protected me full stop, theirs protected me only if they failed to get a satisfactory settlement from the other defendant. My case was that even in their interpretation they breached the agreement as they reached a full and final settlement agreement with the second defendant (an agreement initiated by the claimant) and they did not wait until this was completed before they pursued me - pursuing me in parallel (via an old address they knew i no longer occupied) rather than sequentially. My case was that there was was a fraudulent misrepresentation of the contract as they always intended to pusue in parallel, thus giving me no protection, although the agreement clearly indicated they would wait to see the outcome with the other defendant.
By the way the substantive case is based on a breach of 216/217 of the insolvency act for which i have a robust defence. However I now face a bill of approx. 65% of the claim value in costs just for the preliminary hearing
You can appeal if:
1) There has been an error in Court procedure
2) There has been an error in law
3) The decision was unreasonable
If you are saying you were denied allow presenting opening statements then this could be a breach of procedure and also Article 6 Human Rights Act
You can seek leave to appeal on those.
But you need to show it would also have made a difference to the outcome.
If the Judge got it wrong you can seek leave to appeal and also have the case reheard.
Can I clarify anything for you about this today please?
does this also apply to my closing statement. not being able to outline my case in detail at the end was probably most damaging. the judge did not address a number of elements of my case in the judgement which he ignored in the closing submission
if i appeal on these grounds and ask for a retrial, but loose the appeal on these grounds can i appeal the cost award separately or can i include the costs award in a single application for leave to apply
I want to appeal the cost order made against me at the time of the judgement - i had expected costs to remain in the case as the substantive issue is yet to be heard (as they have in three previous hearings) but a cost award of £42000 was made against me although the total value of claim is only £71k - i had also approached the claimant in an attempt to initiate arbitration before the hearing but this was rejected - can I appeal this as a part of the judgement appeal or do I appeal separately?
Yes thank you!