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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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If we were to loose on the invalidity of the award (via Form

Resolved Question:

If we were to loose on the invalidity of the award (via Form N1) would we prejudice our right to appeal the amount of the award - would we run foul of the 14 days to appeal rule?
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

I'm just going to look at something else on this for you - bear with me.

tdlawyer :

Okay, I can't find a case specifically that addresses this issue.

tdlawyer :

So, the better thing to do here is to do both. Hence, you would make your appeal and issue your claim, and then ask for both to be dealt with together insofar as possible. That way, you should preserve your rights in respect of both the appeal and the challenge to appointment etc.

tdlawyer :

Especially if you say, in your pleadings/appeal notice, that you bring the claim/appeal without prejudice to the other contentions of process / appeal etc.

Customer:

Form N1 for the invalidity claim. What form for the appeal against the award? And can I ensure that the challenge to invalidity is dealt with first?

tdlawyer :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=388

tdlawyer :

This is the form that you would use for an appeal.

tdlawyer :

You can't ensure the invalidity challenge is dealt with first - the court needs to agree to do that, although given the logic behind t doing that, I expect it would do!

Customer:

Tried the http address - is it form N161? - I looked at that before - it seems to be for appeals to the Court of Appeal - it has a section. asking which court and which "judge" I'm appealing against. Are you sure N161 is the correct form?

tdlawyer :

The one beneath it is for the county court.

Customer:

Ok! Should have looked lower. Thanks

Customer:

Assuming the invalidity is dealt with first is it possible that the court would decide on the basis of the detail in the form or is it liukley there would be a hearing?

tdlawyer :

It could do that, although it's likely to go to a hearing unless it's patently obvious. This is especially so if people are doing this without solicitors. That's a view based on experience, but the courts can and do make orders on paper, but my gut feeling is that it will not do that in this case.

Customer:

Thanks

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