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: 3220
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: 8 months ago.
Category: Law
Expert:  Jamie-Law replied 8 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 8 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 8 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 8 months ago.
what does the appeal cost ?
Does it mean having a full new hearing again from scratch.
Expert:  Jamie-Law replied 8 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 8 months ago.
Would it be wise to have a chat about this first. ?
Customer: replied 8 months ago.
How long have we got to appeal. ?
Expert:  Jamie-Law replied 8 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, Solicitor
Category: Law
Satisfied Customers: 3220
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Andrew***********available today 12-2pm
Expert:  Jamie-Law replied 8 months ago.

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

Customer: replied 8 months ago.
sorry
dont understand your answer ?
Expert:  Jamie-Law replied 8 months ago.

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

Customer: replied 8 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 8 months ago.

Ok - give me ten mins

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions