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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was the Claimant in a case which I lost. And I would like

Resolved Question:

I was the Claimant in a case which I lost. And I would like to appeal.
Basically the judge did not listen to evidence, he kept telling me to 'Move On'.
The Defendants denied that the documents they submitted were indeed theirs. When I wanted to question them on this the judge said 'You have your answer, move on'. He would not allow me to question them.
The Judge kept telling me that 'they don't have to say a thing it is up to you to prove the case ....' 'they can just sit there sucking their thumbs if they want to, it's up to you to prove the case'.
The case was based on an apparent agreement, which the defendants had on four documents stated they did not agree (including emails and their statement), which the Judge stated was not the case and that the agreement stood.
What I want to know is 'Is that adequate reason to appeal the decision'.
I do feel that I did not get a fair hearing as even the usher stated that she was amazed I lost and that the judge was moody throughout the case
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you would like to know from me please?
Customer: replied 1 year ago.

Hi Alex,

It's ***** ***** - Menu Printers

Right, we lost the case.

The Judge stated that the defendants had an agreement, but we still maintain they didn't and that this is borne out on 4 occasions (by emails and their statement) which clearly state they disagreed with 'the agreement' and one comment states 'totally unacceptable'

The judge also kept saying that they did not have to say a word, that I had to prove my case and that they could just sit there sucking their thumbs if they wanted to - which resulted in them not saying anything.

The Defendants also denied that all the documents they had submitted in the case were theirs and that they did not know where I had got them from (their solicitor was the answer) and the Judge said 'Prove it' which of course I couldn't so he said 'Move on'

Basically I feel that the case was not dealt with fairly.

Do I have adequate reasons to appeal?

Expert:  Ash replied 1 year ago.
You can show there was an error in procedure if the Judge didnt listen to the case and the decision was unreasonable.
So you have potentially 2 grounds for an appeal. A senior Judge can either reverse the decision or remit it back to that level of Judge for rehearing.
Can I clarify anything for you about this today please?
Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

No that's it for today.

Thank you

Have a good Christmas xxx

Expert:  Ash replied 1 year ago.
Good luck.
Alex
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
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Expert:  Ash replied 1 year ago.
Hi

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

If you have not done so already 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