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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex, Can you help me with the practice directions appeal.

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Hello Alex,Can you help me with the practice directions for the appeal. I've posted the papers to the County Court and the file is now in a queue to be seen by the circuit judge. As it's an appeal N161, should I send a copy of grounds of appeal and all the paper work to the respondent's within 7 days of filing or should I wait until permission has been granted or dismissed or does the Circuit Judge need to read the both sets of arguments including the respondents to object to the appeal before making a decision. If the Judge dismisses permission to appeal then I can request an oral hearing within 7 days.The CPR Rules say some points below.(2) The court will notify the respondent of the hearing but the respondent is not expected to attend unless the court so directs.(3) If the court directs the respondent to attend the permission hearing, the appellant must supply the respondent with a copy of the skeleton argument and any documents to which the appellant intends to refer.Me again.Is it standard for the respondents not to attend an oral appeal or is this something the respondents would request permission from the Court to attend and provide their skeleton argument?Also, should I file my part 81 contempt of court at the same time of the appeal N161 or wait for a decision first?Would you mind if we did this on the phone for 15 minutes for half of £47 - say £23 pounds... as I will probably have more questions and can't afford lots of money.Regards,Dave
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello Dave and thanks for asking for me.

I have put the call additional service in.

Customer: replied 1 year ago.
Hello Alex,Sorry, can we do the £22 for the call on its own as I can't afford to spend £38 + £22. Or I will be spending £60 and I just can't afford it.I don't mind spending £22 for 15 minutes of your time would that be okay?Regards,Dave
Expert:  Ash replied 1 year ago.

I will keep it online as it may be easier for you.

Is it standard for the respondents not to attend an oral appeal or is this something the respondents would request permission from the Court to attend and provide their skeleton argument?

If this is the permission hearing then R does not attend, nor do the file a skeleton argument. Permission is nothing to do with them

Also, should I file my part 81 contempt of court at the same time of the appeal N161 or wait for a decision first?

Wait for the outcome of the decision first.
Does that clarify?
Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
No not fully, you didnt answer the first question about filing the papers to the other side and at what point I need to serve the papers?I refer to your point, if permission it's nothing to do with the respondents then why should I send them my applicaiton and the papers at all?Does the Circuit Judge make a decison based on my applicaiton or does he assess the respondents argument... Is the respondents allowed to file their argument at the same time the Judge is making his decision...?The respondents will of course object to permission, so the appeal is dismissed will the judge allow them to file a skeleton argument by paper only or will they turn up at the court when I am there, and will the respondents have to send me their skeleton argument.To be fair, I would have preferred to speak in the phone for 15 minutes.Regards,Dave
Customer: replied 1 year ago.
Appreciate your help on the matter.
Customer: replied 1 year ago.
In the event the appeal is granted would the respondents be ablet to stop the appeal from happening or does the Court then set a date for a conference case management to discuss the trial time required or set a trial date?
Customer: replied 1 year ago.
I need to put my children to bed...Can we go ahead with the 30 minute call tomorrow or Sunday or Monday...Would that be okay. I've paid for the phone call already.Regards,Dave
Customer: replied 1 year ago.
I am not the best at asking the quesiton online, best as you say to chat online.
Customer: replied 1 year ago.
Sorry chat by phone.
Customer: replied 1 year ago.
My number is ***** 842685 but I need to put my children to bed. Did you get my previous message.
Customer: replied 1 year ago.
Sorry, I need to put my children to bed did you get my previous message.
Customer: replied 1 year ago.
I am waiting for your reply but need to put the kids to bed. Can we do this tomorrow or over the weekend please or Monday morning. Hope that's okay.Regards,Dave
Expert:  Ash replied 1 year ago.

Sure Dave. let me know when you are free. Alex

Customer: replied 1 year ago.
Sure, I will, I am really sorry but i think my wife will go mad at me if I am talking legal and not putting the kids to bed.I won't take the biscuit, I just need some help and like this service you offer... I just need more of a detailed reponse from you and a 30 minute phone would be better if that's okay with you. I've paid the money to you £38 + £22 and still need to do the call if that's okay.I am not a weathly person and already won and lost my case, I just need some help as I am LIP.Have a nice evening...Regards,Dave
Expert:  Ash replied 1 year ago.

Sure. Hit me up when you are about over the weekend.

Customer: replied 1 year ago.
Hello Alex, Hope you had a good weekend. Are you available to talk at a convenient time today? Regards, Dave
Customer: replied 1 year ago.
Hello Alex, Did you manage to get my message okay?
Expert:  Ash replied 1 year ago.

Let me know when you are free.

Customer: replied 1 year ago.
Hello Alex, I am at home till 7.15 if you are about, if not, I can try you tomorrow or Thursday. Regards, Dave
Customer: replied 1 year ago.
01342 842685
Expert:  Ash replied 1 year ago.

Sorry about that - let me know when you are free today

Customer: replied 1 year ago.
Hello Alex, sorry I was not about yesterday, are you around later today?
Expert:  Ash replied 1 year ago.

I am, let me know when is good. Alex

Customer: replied 1 year ago.
Hello Alex, I am back at home now. What time are you available to talk?
Expert:  Ash replied 1 year ago.

Yes I am about, if you are.

Customer: replied 1 year ago.
Hi Alex, yes i am around, you van call 01342 842685 is that okay.
Expert:  Ash replied 1 year ago.

Sure. Alex

Customer: replied 1 year ago.
Hello AlexI've received the order from the court and attach a file with a scan of the wording.I am still puzzled why the Court representative said that the other side will be allowed to speak to the Judge during the hearing for permission to appeal. As you pointed out, I thought that only the appellents would be able to speak to the Judge.The Order says, that the appeal will follow, what does that mean, the same day or another day? If it's the same (surely the respondents would need to prepare and their barrister would attend the hearing)... The Order does not say anything about the respondents serving any witness statements to the Court or the Appellants?Has the Judge allocated 90 minutes just for permission or in case permission is granted and the Appeal is dealt with at the same time?I thought that I would only need 15 - 30 minutes to address the court for permission to appeal?Ref: Part 81I spoke to the Court and they suggested an N244 for contempt of Court... They do have 3 forms for Contempt and Commital but they are more for Orders and not Applicaitons.Would it be worth me filing the application for contempt of court and consolidating the matter at Court or would this potentially irritate the Judge? I am just a little lost and appreciate your help.I am not sure whether it's best to wait until I am in front of the Judge... (and if the Judge dimisses the out of time appeal) would it be worth asking the Judge for permission to file for a hearing for contempt of court or should I do it before?See what you think.Regards,Dave
Expert:  Ash replied 1 year ago.

Here you go - its permission followed by the Appeal.

That is what the order says. As for the contempt its up to you. I would wait personally.

Alex

Customer: replied 1 year ago.
Does "followed" me on the same day or another date as it's not very clear?Will the other side be able to talk to the Judge and hear their objections to my permission to Appeal or should I write to the Court and ask them for confirmation?Is there a standard CPR clause that says about the permission to appeal and only one party can talk?In short, does that mean that the other side will have to show up at the Court in case my appeal is granted?
Customer: replied 1 year ago.
Sorry, will the other side be able to speak to the Judge and argue their case why I should not be granted an out of time appeal. It's just confusing as it's a grey area for me...
Expert:  Ash replied 1 year ago.

Same day, that is what it says.

The other side will have no say regarding permission as I have told you several times.

There is no specific clause in the CPR but its one of those things everyone knows

The either side will have to show up in case its granted, yes

Only permission stage can the other side speak, as I have already said several times

Alex

Customer: replied 1 year ago.
Okay thanks, ***** ***** rate you 5 stars if I can find the right button.
Expert:  Ash replied 1 year ago.

I think when you accepted the phone call it rates automatically Alex

Customer: replied 1 year ago.
If I prepare a new question can you assist assist with data protection matters.The ICO information commissioner for the data protection act have confirmed that one of the banks has breached section 7, principal 1 of the act (basically they have obtained my data unfairly)... The ICO can't force the bank to remove my personal data unless it's of public concern. The bank will not remove my personal data and they have passed my data to other marketing and other companies and they won't remove my personal data.I called the third parties companies and they have said to speak to the bank to remove the data but the bank say speak to the third parties, nobody wants to accept any responsibility.I can draft the point over the weekend and see what you think...I am considering a section 14 of the data protection act which would seek to remove my personal data.Not sure if you can help with this type of question.... or whether you can help with pre-action disclosure etc.
Expert:  Ash replied 1 year ago.

Sure. Alex

Customer: replied 1 year ago.
okay will draft another question. Have a good night.
Customer: replied 1 year ago.
Hello Alex, hope all is well.Are you able to help me with a question relating to the contempt of court matter.I won’t go into huge amounts of details as I don't think it is necessary.Imagine...If a company made a claim on their insurance for "loss of TV sets" and in their claim they said that they had a break in and their TV sets were stolen and later the insurance company paid the company for their loss. What actually happened is they had their TV sets all the time and the insurance company had "independent evidence" that later proved that the claimant made a fraudulent claim.In summary, the insurance company issued proceedings against the claimant and their witness prepared a false witness statement and deliberately tried to mislead the insurance company and the court by not having an honest belief in its truth.Now...The respondents claim that they were never in possession of their data at all material times and make submissions and witness statements at the original trial before a District Judge, then again before the Court of Appeal and then they issue another counter claim to wipe out my claim and issue further witness statements to the same district judge.Next.What the respondents do is plead losses for data they claim they don't have which has resulted in my company losing the trial. However, there is a twist to the story...The Audit Bureau Circulation audited the respondents data during the time the respondent claimed they never had the data.One of the ABC rules is the respondent must be able to prove that they have data in their possession for the previous 3 years.Regardless of pleading losses for rebuilding their data for £1 or £1,000,000, the point is... Any new data the respondents purchased could only be audited in Year 1 and not years, 2 and 2-3. The ABC rules state that you must be able to prove the last 3 years.Next.Now take a look at my Excel table and you will see that the respondents were able to file the last 3 years of data to the ABC.The yellow highlighted tabs confirm the dates that the respondents claimed that they were not in possession of their data but the ABC confirms that the respondents did.The blue tabs are the publications the respondents are saying they didn’t have any data. (I've removed the names of the titles)I've read all the witness statements which confirm that they made "terrible losses" and had to X and Y to rebuild their data.The fact of the matter is that the respondents deliberately misled the Court in order to profit and build their business and pass the blame to my company which is wrong.Do I not have a good case of contempt of court, particularly as the certificates are unarguable. There is no way out.Should I file this to the existing Judge to get the ball rolling?It may concentrate the mind of the respondents particularly as there is a permission to appeal followed by an appeal if permission is granted.Do I need to set a comit to prison out in a special way and am I required to send it to the witnesses, is my claim against the people individually or the company, and if it's individually, am I still the LTD company.Are you able to help?Regards,Dave
Customer: replied 1 year ago.
Excel file - the yellow highlighted sections are independent audited information received from the auditor.Any pleaded losses would only fall into year 1 which is why there is no yellow.The yellow confirms that they were in receipt of the data when they claimed for 5 years before a District Judge and Two Lords and a Lady.Is that not a serious offence?
Customer: replied 1 year ago.
If I submitted the application N244 along with the table of contents and the Certificates, my word letter in a witness statement format and all the respondents witness statements and hightlight the extracts which are faulse.Are you able to assist with the delivery?
Customer: replied 1 year ago.
Sorry I will set up a new question.