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Hello my Alex ad I will help you with this.
On what basis do you want to appeal? You brought it under the wrong grounds? Did you not seek permission to amend your claim?
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
in your professional opinion, can I amend my claim after my case has been struck out?
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.
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
You can't amend your claim sadly once it has been struck out. That is the end of the matter.
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.
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.
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
Can I clarify anything for you about this today please?
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.
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?
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.
Please throw more light on why the Judge believes, its not a contract in detail please....
I appreciate your honesty Alex
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.
If that is the case there is no appeal.
In any event you would have to show the Judge below got it so wrong no Judge could have made that decision
Does that clarify?
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