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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am ensuring about these following headlines:I have a

Customer Question

I am ensuring about these following headlines:
I have a court case that was struck (on the defendants strike/summary judgement application, due to the fact that I brought it under the wrong grounds of law, I am considering an appeal but I need advice before taking a decision .
My case is against a Public body in the UK;
Grounds I used;
Contract law (struck due to the judge believing , it's not a contract)
Invasion of privacy (struck out due to out of jurisdiction)
Case basic-
Made a visa application to the home office costing me £550 but there was a significant delay of up to 10 months with me constantly asking for an update unconditionally. There's evidence showing this insignificant delay.
The home office later obtained a warrant to visit my premises on a drug crime basis
Remedy -
1. Compensation due to loss of opportunity, amenity
2. Got depressed and now I'm on anti depressant
You can ask more Information, as I would like a second opinion on this as I represented myself and was too emotional attached to the case.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my Alex ad I will help you with this.

Alex Watts :

On what basis do you want to appeal? You brought it under the wrong grounds? Did you not seek permission to amend your claim?

Customer :

Hi No

Customer :

I didn't ask for permission as I wanted to put it writing to the Distrct Judge that made the decision and ask for enlargement of time in lodging my final appellant notice

Customer :

in your professional opinion, can I amend my claim after my case has been struck out?

Customer :

If yes, how can I go about this as the Judge and the Defendant told me I have a case but I have to bring it under misfesance in public office , this came up as I was using misfesance to argue my case but the Judge told me she would not listen to it because I did not plead it in my case form.

Customer :

again, the judge said there's no comsumer contract, I would like to clairfy if the law supports this as in my amateur opinion, i think it does but i might have misconceived this. Please advise

Alex Watts :

You can't amend your claim sadly once it has been struck out. That is the end of the matter.

Alex Watts :

You can only appeal on the grounds that there was an error in law, procedure, or the Judge got it so wrong no Judge could have made that decision.

Alex Watts :

But the fact you brought it on wrong grounds and did not seek leave to amend means that the case is dead. Sadly you can't issue a new claim because it arises (I assume) out of the same facts.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer :

Hi , this decision was made in a lower court... Isn't there a way I can go about this because i raised some points in the hearing but the Judge told me I did not plead it in my case form but my case fact and witness statements supported it.

Customer :

I believe there should be a way around this.... would you you say there was an error of law from myself (from not bringing the case on the relevant background of law) or from the Judge for not applying the the law correctly?

Customer :

I am suffering immensely from this as I can't do my daily task from my mental health and can't afford a professional service ina solicitor.

Customer :

Please throw more light on why the Judge believes, its not a contract in detail please....

Customer :

I appreciate your honesty Alex

Alex Watts :

No sadly there is not. You did not amend your claim., therefore the Judge I assume got the decision right based on the fact your claim was defective.

Alex Watts :

If that is the case there is no appeal.

Alex Watts :

In any event you would have to show the Judge below got it so wrong no Judge could have made that decision

Alex Watts :

Does that clarify?

Alex Watts :

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


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