How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3984
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

Our company has just lost our claim of £4200.00 against

Customer Question

our company has just lost our claim of £4200.00 against somebody. The judge awarded the defendant £4225.00 for the counterclaim, but knocked of our £4200.00 leaving us a small balance to pay of £25.00.
We feel the award was unjust based on some late evidence that we presented being ignored by the judge.The defendants expert was accepted, even though he did not follow what i think is called part 35 protocol ?? . Can we appeal and how does the process work. ?
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

Hello my name is ***** ***** I will help you with this.

Did the Court give permission for an expert?

I assume this was a small claim please?

Customer: replied 10 months ago.
At the first hearing the defendant presented a letter from a structural engineer. At this point we had not appointed an engineer. We spent a day in court and won on 3 out of 4 points. The judge could not decide on point 4. We requested to appoint an engineer, which he agreed . We spent £2500.00 on an engineers report out lining the 5-6 points requested in his order, confirming our product was fit for purpose and structurally sound, including mathematical calculations.We then returned to court. The judge ignored the report stating that the report did not follow his instructions. I questioned why he thought this,but he would not give me a concise answer. He then referred to the defendants original engineers report and accepted its findings, even though no mathematical calculations had been provided.
just the wording " not fit for purpose "
The case was a small claim.
Expert:  Jamie-Law replied 10 months ago.

Ok - then you can appeal, but you need permission. You need to complete form N164.

http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/2197/n164_e0407.pdf

You need to show why:

1) The Judge was wrong in law, or

2) The Judge was wrong in procedure, or

3) The decision made was unreasonable.

But you complete this form, send it back to the Court and you can be given permission to appeal.

If permission on paper is refused, then you can ask for a hearing and oral permission. So you get 2 bites of the cherry

Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
what does the appeal cost ?
Does it mean having a full new hearing again from scratch.
Expert:  Jamie-Law replied 10 months ago.

There is an appeal cost. Its £120.

Its not a new hearing, just to decide why the Judge got it wrong. That will be the focus of the hearing

Does that clarify?

Customer: replied 10 months ago.
Would it be wise to have a chat about this first. ?
Customer: replied 10 months ago.
How long have we got to appeal. ?
Expert:  Jamie-Law replied 10 months ago.

You need to apply for permission within 21 days of the decision.

Its up to you whether you want to have a telephone call. I am happy to do this if you wish

Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 10 months ago.
Andrew***********available today 12-2pm
Expert:  Jamie-Law replied 10 months ago.

Sure. You may just need to come back and remind me, in case I am in Court

Customer: replied 10 months ago.
sorry
dont understand your answer ?
Expert:  Jamie-Law replied 10 months ago.

Can you remind me at 12pm when you are free. Thanks!

Customer: replied 10 months ago.
sorry
i have just realised its only 11am i thought it was almost 12
I am free now up to 2ish
Expert:  Jamie-Law replied 10 months ago.

Ok - give me ten mins

Related Law Questions