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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am in an action and made an application which was dismissed

Resolved Question:

I am in an action and made an application which was dismissed as being 'without any merit'. Would that make an appeal a complete waste of time? is it likely that an appeal would be dismissed without so much as a hearing?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : could you please explain your situation a little more?
Customer:

I made an application for the counterclaim to be struck out but it was dismissed by the Recorder as being without any merit. The action against me is for reversal of an unjust enrichment but the claim gives no explanation as to why it is unjust for me to retain the benefit. This requirement is set out in case law.

Alex Watts : It does not stop you appealing, but it makes it far harder.
Alex Watts : You need to show that the recorder simply got it wrong
Alex Watts : In order to do that you have to show that any appeal has a real prospect of winning
Alex Watts : Given your main application was without merit this will be harder.
Alex Watts : But you can still appeal though, it just makes it harder
Alex Watts : Can I clarify anything for you about this today please ?
Customer:

Their barrister only gave me their skeleton argument at the court. In that she admitted something which was an important point I was trying to prove myself. Had she given that to me the night before as she should have done Icould have put forward the argument which would now form the basis of my appeal

Alex Watts : Skeletons are only exchanged at court, not normally bforehand
Alex Watts : beforehand
Alex Watts : But that in itself is not a appeal ground.
Alex Watts : But you can appeal
Customer:

If I m applying for a stay of the order of the court below, should I still pay the costs as ordered or can I wait for that to be dealt with

Alex Watts : You can appeal the whole or part.
Alex Watts : Does that help?
Alex Watts : So you should do it now really as you have 21 days from date of decision
Alex Watts : you have 21 days from date of decision so should do it now.
Alex Watts : Does that help?
Customer:

Yes thanks

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