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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Recently lost case taken against me by a dog rescue. Fostering

Customer Question

Recently lost case taken against me by a dog rescue. Fostering dog that I wanted to adopt and was declined for no other reason than I did not follow the correct procedure. Wish to appeal as judge opened hearing by stating the case had took the wrong route but he would try and resolve the matter to everyone's satisfaction obviously he did not resolve it to mine. Have 14 days from 22/12/14 in which to return dogs.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know what type of hearing was this, was it a trial?

Alex Watts :

Is there an order that you deliver up the dogs? Did the Judge give reasons why?

JACUSTOMER-64007ky0- :

Action taken was heard in Manchester County Court. Not a trial as I understand it but a claim through small claims court. Not aware of any order just told to agree date to handover with the rescue. Judge stated that dogs were property of rescue.

Alex Watts :

Ok - have you had the Court order through?

JACUSTOMER-64007ky0- :

No.

Alex Watts :

When was the hearing?

JACUSTOMER-64007ky0- :

Monday 22/12/14

Alex Watts :

Ok, I would call the Court and ask what order the Judge made.

Alex Watts :

What is it you want to achieve?

JACUSTOMER-64007ky0- :

Wish to keep the dog and pay the rescue the standard adoption fee. Offer has already been made but declined. Receiving support from 230 people who have also set up fund to help with costs. No evidence to suggest I was unsuitable (judge directly asked that question) whole case revolved around not following correct procedure and the dog legally belonging to the rescue.

JACUSTOMER-64007ky0- :

Order not yet issued. Requesting transcript of court hearing.

Alex Watts :

Ok - did you seek leave to appeal?

JACUSTOMER-64007ky0- :

option wasn't offered.

Alex Watts :

Ok - you need to wait to see what the Court order says. Generally you must ask for permission at the hearing and now if you want to write and ask for permission you have 21 days from the Court date to do this.

Alex Watts :

You must show though: There was an error in law, or there was an error in Court procedure or the Judge made a decision so unreasonable no other Judge could have made it.

Alex Watts :

You would need to complete form N161

Alex Watts :

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

Alex Watts :

And sent it to the Court. You would first seek permission on paper for the appeal.

Alex Watts :

If this is refused then you can ask for an oral hearing.

Alex Watts :

If this is refused then you can only seek permission from the Court of Appeal

JACUSTOMER-64007ky0- :

Ok thanks.

Alex Watts :

But at this stage, I would see what the Court order says

Alex Watts :

You need to know this before you can appeal

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-64007ky0- :

In the meantime I am ordering a transcript of the hearing. If I do not hand the dog back I know I will be in contempt of court. Have you any idea what my punishment could be?

Alex Watts :

Potentially but give it a few days and call the Court and ask what the order said.

Alex Watts :

But its unlikely if you are going to appeal

JACUSTOMER-64007ky0- :

I would like some idea what could happen to me.

Alex Watts :

Well potentially you could be warned, fined or sent to prison

Alex Watts :

But prison is unlikely.

Alex Watts :

You are most likely to be warned

Alex Watts :

But if you are appealing etc you can ask the Court for a stay on that order to hand back in the meantime

JACUSTOMER-64007ky0- :

Ok Thank you. ***** still have to give the dog back?

Alex Watts :

If there was a stay on that order, no

JACUSTOMER-64007ky0- :

Not at all? I have no intentions of returning him.

Alex Watts :

If you are appealing you can ask for a stay

Alex Watts :

If the Court has ordered a return, you dont appeal or ask for a stay then yes you would be in contempt

Alex Watts :

But the rescue centre would have to start committal proceedings, the Court would not do it off its own motion

JACUSTOMER-64007ky0- :

ok..

Alex Watts :

Can I clarify anything else for you?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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