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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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1)Is a transcript required in appeals in a County Court from

Resolved Question:

(1)Is a transcript required in appeals in a County Court from a small track claim?I am of the opinion that the CPR Part 52 BPD para. 6.4(g) creates an exception to the general rule that transcripts are required .(2) A notice of application for attachment of earning has been served on me,even though I have submitted all the relevant document (excluding the transcript which is not required by CPR) and my skeleton argument.What should I do? I am a Barrister and Solicitor of the Supreme Court of Nigeria and a Professor of Law and has been pushed around by county court officers who claim they are not lawyers.Please allow me to pay a token sum which I can afford.
Solomon Salako
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Have you been asked to supply a transcript
Customer: replied 1 year ago.

The answer to the question is in the affirmative.

Expert:  Ash replied 1 year ago.
Practice Direction 52B 6.2 states
6.2 Transcript of the judgment of the lower court or other record of reasons: Except where the claim has been allocated to the small claims track, the appellant must obtain a transcript or other record of reasons of the lower court as follows
So NO, you do not need a transcript.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

If a transcript is not required ,as you rightly opined,what should I do to abrogate the notice of application for attachment of earning order received from the County Court today?

Expert:  Ash replied 1 year ago.
I do not understand are you applying for an attachment of earnings?
Customer: replied 1 year ago.

On 3 December 2014, a judgment and order of £2,121.60 was made against me as defendant.I filed a notice of appeal ,which I was allowed to file out time,for damages for the sum of £5,195.00 against the claimant.I have submitted the relevant documents ,including my Skeleton Argument but the district judge erroneously maintains that I must submit a transcript ,contrary to the relevant Civil Procedure Rule.What can I do to set aside the notice of application for attachment of earning order I received from the County Court today?

Expert:  Ash replied 1 year ago.
Was that from a District Judge saying you need a transcript?
Did you highlight The PD?
Customer: replied 1 year ago.

Yes,it was from a District Judge and I highlighted the PD.

Expert:  Ash replied 1 year ago.
Well your appellants notice should be considered by a Circuit Judge not a District Judge. You need to ask that the notice is considered by a CJ.
If they refuse then make a formal application using form N244 asking that it is considered by a CJ.
Does that help?
Alex
Customer: replied 1 year ago.

It helps but if I use form N244,,in section 3 of the form,they will ask:What order are you asking the court to make? I know why ,but I want your advice on the relevant CPR Part BPD para that I must use so that my application is not rejected outright.

Expert:  Ash replied 1 year ago.
You are quoting the Civil Procedure Rules and the relevant section. That is ALL you need to quote.
You are seeking an Order that the appeal be processed.
Alex
Customer: replied 1 year ago.

I shall be grateful if you would give me the relevant rule because I have the suspicion that the appeals clerk is trying to prevent me from presenting my argument as stated in my Skeleton Argument.The hatred she had for me is too obvious...

Expert:  Ash replied 1 year ago.
The Rules and Practice Directions are here for this:
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52/practice-direction-52b-appeals-in-the-county-courts-and-high-court
6.2 Transcript of the judgment of the lower court or other record of reasons: Except where the claim has been allocated to the small claims track, the appellant must obtain a transcript or other record of reasons of the lower court as follows –
6.4(1)
(g) a transcript of the judgment of the lower court or other record of reasons (except in appeals in cases which were allocated to the small claims track and subject to any order of the court).
The Court should be referred to the Practice Directions and that a transcript is not required by the CPR.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much.I will file the form N244 tomorrow referring the matter to a Circuit Judge pursuant to paras 6.2 and 6.4(1) (g) above.

Expert:  Ash replied 1 year ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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