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Hello my name is ***** ***** I will help you with this.
For now please let me know what type of hearing was this, was it a trial?
Is there an order that you deliver up the dogs? Did the Judge give reasons why?
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.
Ok - have you had the Court order through?
When was the hearing?
Ok, I would call the Court and ask what order the Judge made.
What is it you want to achieve?
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.
Order not yet issued. Requesting transcript of court hearing.
Ok - did you seek leave to appeal?
option wasn't offered.
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.
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.
You would need to complete form N161
And sent it to the Court. You would first seek permission on paper for the appeal.
If this is refused then you can ask for an oral hearing.
If this is refused then you can only seek permission from the Court of Appeal
But at this stage, I would see what the Court order says
You need to know this before you can appeal
Can I clarify anything for you about this today please?
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?
Potentially but give it a few days and call the Court and ask what the order said.
But its unlikely if you are going to appeal
I would like some idea what could happen to me.
Well potentially you could be warned, fined or sent to prison
But prison is unlikely.
You are most likely to be warned
But if you are appealing etc you can ask the Court for a stay on that order to hand back in the meantime
Ok Thank you. ***** still have to give the dog back?
If there was a stay on that order, no
Not at all? I have no intentions of returning him.
If you are appealing you can ask for a stay
If the Court has ordered a return, you dont appeal or ask for a stay then yes you would be in contempt
But the rescue centre would have to start committal proceedings, the Court would not do it off its own motion
Can I clarify anything else for you?
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