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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10591
Experience:  Barrister 17 years experience
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I was the Claimant in a Civil Litigation case that was

Resolved Question:

Hi
I was the Claimant in a Civil Litigation case that was heard by a Circuit Judge at Chelmsford County Court.
The case started on 7th December 2015 and concluded on 10th December 2015.
The Judge decided against me, however I do not feel that he gave me a fair hearing for numerous reasons, including the following:-
a - the Judge kept saying that the defendants did not have to participate i.e. he actually stated that they could 'sit there sucking their thumbs' and that it was up to me to prove the case, and that 'they do not even have to comment it is for me to prove the case not for them to disprove it'.
b - he would not hear much of my evidence and kept telling me to move on when I was questioning the defendants and they refused to answer.
c- when the defendants disputed the evidence they had submitted was theirs and I asked for the originals of what they had submitted to be produced, the defendants stated that they did not have them so the judge said to me 'you have your answer they don't have them so move on!'
d - the judge stated that there was an agreement in place (this was the crux of the case - I disputed the agreement) even though the defendants had stated (on 4 different occasions) in emails and their statements that they did not agree an agreement with us.
e - the only witness the defendants had was allowed to sit in through the entire case (even prior to his giving evidence) and he was allowed to assist the defendants in their defence (he basically was the one that went through the files finding information for them to use - on the couple of occasions they did actually talk - which was confined to them cross questioning my witnesses and myself)
What I want to know is
A - from the above do you think I have good reason to appeal the judges decision
B - what would the deadline be for submitting the appeal.
C - is there a set procedure for me to follow to submit the appeal.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, from what you have set out, it is clear to an observer that this judge took a certain view of your case from early on and ruled accordingly. However, an appeal is only appropriate if the merits of your case justify an appeal. Leave aside the (bad) attitude of the judge and assess whether you deserved to win on the basis of how the case ran in court.
Expert:  Buachaill replied 1 year ago.
2. If you believe your case deserved to win, on the merits, then you should appeal. However, you should not let the attitude of the judge influence you in making your decision as to whether to appeal or not. Additionally, you should realise that if you appeal the case to the High Court, then there may be a further set of legal costs to be paid, if you lose again. So take this into consideration as well.
Expert:  Buachaill replied 1 year ago.
3. If you wish to make an appeal, you must first seek leave of either Chelmsford County Court or the High Court in order to bring an appeal. YOu have 21 days from the date of the judge's order in which to make an application to appeal to the County Court. So you will need to go back to the County Court to seek this permission to appeal. Alternatively, if you so wish, you can make the application to the High Court for permission to appeal. The relevant rules are set out in CPR Part 52 - see link https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52. The form on which you make the APPEAL application is on form N161.
Expert:  Buachaill replied 1 year ago.
4. It is a good idea to apply for permission to the judge at the lower court. If the application is unsuccessful, the party has a second opportunity to appeal by applying for permission to the appeal court.
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