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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience:  I have been practising for 30 years.
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Can you assist with advising how the law stands with Court

Customer Question

Can you assist with advising how the law stands with Court Orders?
I have taken a small claims out and was awarded my case the defendant ordered to pay!!
1/ The defendant is a solicitor married to a barrister are they allowed to still practice while the court order stands against them?
2/ As they are appealing on Judges terminology will they be granted appeal?
3/ if granted permission to appeal does the whole issue have to be re heard?
4/ is interest accruing during appeal process or stopped pending appeal process/application?
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

You say that the defendants are appealing.

Do you mean that they are appealing or they are applying to set the judgement aside?

Did they defend the case or failed to turn up in court and you got judgement by default?

What grounds are they now applying to court for?

If you could let me have as much detail as possible, it would help. Best wishes

Customer: replied 10 months ago.
They are asking for permission to appeal and stay of execution, and have the the judgement of the lower court revoked and the order that the appellant pay the claimant the sum claimed with interest and costs rescinded.
Brief back ground
As a petsitter and boarding establishment I was asked to board 2 dogs I usually walk for client
He bought dogs without pre agreed payment being made refused to pay left dogs
3.5 hrs later collected dogs refused to pay
I took out small claims
they argued contracts and cancellation 2013 act distance sale etc
I argued as a bespoke holiday service with specific dates and no cancellation at any point they owed.
judge agreed with me.
they say she has confused distance contract etc and it does not apply to dog accommodation, holiday boarding etc
so she has interpreted law wrong.
so can they practise while order stands?
will they owe interest on this period if appeal not granted?
chances of being allowed to appeal?
I can email judgement to you if it helps?
Customer: replied 10 months ago.
have sent judgement
Expert:  F E Smith replied 10 months ago.

This is a genuine dispute and it’s not unknown for solicitors to be in dispute with clients either over the clients paying the solicitors bill or the solicitors paying tradesmen’s bills or even personal bills. If a solicitor loses then there is a judgement against the solicitor which doesn’t get registered if the solicitor pays within the period in the judgement.

By all means complaint to the Solicitors Regulation Authority but it is not likely to go anywhere. If judgement goes against them, and they don’t pay within the period of the judgement, then the Solicitors Regulation Authority would take more note.

Interest runs from the date that the debt was due and hence, continues to run during the period of any appeal and if your claim is successful, it would be added to the judgement amount from then.

Based upon what you told me, and ignoring the points of law, I don’t think the judge is going to have much sympathy with these knowledgeable lawyers trying to have one over on a small business. That is my personal view. What I’m also amazed at is that they’re spending so much time over what is a relatively small debt in the whole scale of things.

I think there’s a reasonable chance that they will get the appeal consent but it depends if the judge thinks that what the defendants are looking to do is disproportionate to the amount of the claim. I have read the judgement and I agree with what the judge has said.

Can I clarify anything for you?

Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid.

Best wishes.

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 10 months ago.
thanks for your opinion, what do I need to do now as it is day 21 tomorrow??
Expert:  F E Smith replied 10 months ago.

We have now spoken. Regards

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