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SolicitorRM
SolicitorRM, Solicitor
Category: European Law
Satisfied Customers: 4314
Experience:  Director and Principal Solicitor. UK
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What is the right procedure?

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What is the right procedure?
Customer: replied 7 days ago.
Appelant's notice asking permission was issued
Customer: replied 7 days ago.
N244 linked to it asking for a 60 min hearing
Customer: replied 7 days ago.
The N244 was asking the permanent adjournment of the permission to appeal due to the fact that the Court of Appeal was mismanaging the case
Customer: replied 7 days ago.
The email from the Court stated that the matter was adjourned until a hearing of 60 min
Customer: replied 7 days ago.
although the Claimant asked never replied to explain what the hearing was about exactly. But as the said permission to appeal was adjourned she assumed it was about the N244
Customer: replied 7 days ago.
she prepared her submissions to explain the mismanagement only . Which included forgery, loss of documents and replacing of the Claimant's common core bundle with a bundle that only had the orders of the High Court and the resistances while omitting about 200 pages of the Claimant's documents
Customer: replied 7 days ago.
During the hearing the judge explained that he wanted to give the Claimant the opportunity to say what she wanted and then he would announce his decision about permission!
Customer: replied 7 days ago.
Which is what he did. So for over half an hour he was reading his decision on papers.
Customer: replied 7 days ago.
he refused permission to appeal without having read neither the actual decisions to be judicial reviewed nor about 200 of the Claimant with her grounds and evidence.
Customer: replied 7 days ago.
The line was cut just before the end of reading the judgement.
Customer: replied 7 days ago.
The Claimant emailed straight away to inform the Court but they did not call back and so she has missed the last bit and did not make comments in the end. In the afternoon they send an order just stating that permission to appeal was refused.

Hi, I am on a call at the moment but I will review shortly for you.

Customer: replied 7 days ago.
Ok

Hi, thank you very much for your permission. I am very sorry to hear of this and it is really unfortunate that you did not get the chance to say your submissions. However if he was already reading his judgment, it is very unlikely he was going to allow you make submissions that would have any implication to the outcome.The decision appears to have been made on the papers and the hearing was for the judge to explain the reasons why he got to the decision dismissing the Appeal. If the Order has already been sent to you as you say, then despite the hearing terminating abruptly the judge deemed it in order to issue the judgment without relisting the matter. The Order you got will say if they consider it to have been made at a hearing or not given the unfortunate circumstances with the call cutting. If it is considered without hearing then you would normally have 7-14 days (it would be specified in the order) to request a review or to appeal that decision, otherwise it may state there is no right to appeal the judgment.

I am sorry but it seems the court is not agreeing that the appeal should go ahead regrettably.

If I can clarify further please do not hesitate to send your follow up message. I am happy to still guide you if at all possible. All the best.

Customer: replied 7 days ago.
This is the order
Customer: replied 7 days ago.
The decision was made on papers as you said
Customer: replied 7 days ago.
But was read aloud during the hearing. I heard about the 3/4
Customer: replied 7 days ago.
then the line was cut so no chance to comment
Customer: replied 7 days ago.
My submissions were made before the judge read the judgement and they were only relevant to N244 about mismanagement from the case progression team
Customer: replied 7 days ago.
Due to which I had asked the proceedings for permission to appeal to be permanently adjourned and the case to be leapfroged
Customer: replied 7 days ago.
The judge asked the hearing to give me, as he said the opportunity to say what I wanted and I said all the misconducts that had taken plus including forgery and manipulation of file
Customer: replied 7 days ago.
that the caseworker had left out my documentation
Customer: replied 7 days ago.
Yet the judge went ahead stating that although I had said he had not read all my documents he believed he had sufficient information to make his decision
Customer: replied 7 days ago.
the question is what can I now do
Customer: replied 7 days ago.
Nothing?
Customer: replied 7 days ago.
With such bias?

Hi, Section 54(4) of the Access to Justice Act allows you to make a further application to the same Court to reconsider in the following terms "(4)No appeal may be made against a decision of a court under this section to give or refuse permission (but this subsection does not affect any right under rules of court to make a further application for permission to the same or another court)."

I appreciate this must be extremely disappointing especially considering the hearing was listed on the grounds the judge wanted to hear your position and yet it seems they did not hear all your submissions before the call cut off. You could write to the Court to say you were not given the opportunity to make your representations and you feel the judgment had already been made and nothing you were going to say would have changed it and if what you were to say was important the judge should relist to allow the hearing to cover all your submissions. Reading that order and what you have said I am not optimistic they will accept and if they refuse regrettably the matter does end.

Customer: replied 7 days ago.
Please explain what the parenthesis means
Customer: replied 7 days ago.
Can I go to the Supreme Court?
Customer: replied 7 days ago.
With the ground of bias?

Hi, no you cannot the order is telling you you have been denied the right to appeal and you cannot go to the Supreme Court as the County Court where your matter was originally heard has refused you the right. All you can do is to go back to the county court ro ask them to reconsider and hopefully they will this time allow you to appeal.

I appreciate you believe there was bias but the court does not agree, hence their decision.

SolicitorRM and other European Law Specialists are ready to help you
Customer: replied 7 days ago.
Dear RM the matter was at the Court of Appeal
Customer: replied 7 days ago.
The request of my submissions was the Leapfrogging due to severe mismanagement
Customer: replied 7 days ago.
Which the judge refused stating that the matter is of public significance but not of national public significance
Customer: replied 7 days ago.
When the line was cut I emailed straight away but they did not call back
Customer: replied 7 days ago.
I filed a N244 stating that I consider the judgement void because the judge was making decision about permission to appeal judicial reviews without even reading the decisions asked to be judicially reviewed
Customer: replied 7 days ago.
Neither the documents with the arguments and evidence of the Claimant
Customer: replied 7 days ago.
Something like 200 pages
Customer: replied 7 days ago.
also wrote a covering letter
Customer: replied 7 days ago.
Dear RM there is a question saying "can the registrar" please go there to reply so that I can rate you there too for your time .Thanks

Good afternoon, thank you for your information and sharing your cover letter. It has taken some time to read the attached letter. Apologies about referring to the CC, I had noted we were talking about the Court of Appeal decision. You have not made an application to appeal but you have made a further application for the CA to consider their judgment so you have followed the right procedure. If the full bundle was served by post and electronically is there any reason you are not providing this to the Court again please as clearly they are working with the mini-bundle and excluding your 200 pages you refer to?

Customer: replied 7 days ago.
They have the documents electronically why the caseworker put none?
Customer: replied 7 days ago.
They had not told me the hearing was about permission
Customer: replied 7 days ago.
Please pick up the other question. You have spent enough time here
Customer: replied 7 days ago.
I want to find a way to escape the CoA and get to the Supreme Court and I want to explain to you how. In the other question

Hi, thank you for your messages. I have not seen the other question and it has not been added onto my list. Perhaps another expert has responded to it? You could start it as follows FAO Solicitor RM ONLY and that way I believe there is a greater chance that the customer services will allocate it to my list of matters. Thank you for your thoughtfulness.

Customer: replied 7 days ago.
When I prepare the grounds for the Supreme Court I will post a new question for you
Customer: replied 7 days ago.
I have three questions unrated and two have been closed already it is pity
Customer: replied 7 days ago.
I am on membership it does not cost me
Customer: replied 7 days ago.
The one saying "can the Registrar" was posted on the 28/09
Customer: replied 7 days ago.
Another "about fraud" is also unratted
Customer: replied 7 days ago.
you know now what I meant with fraud

Good evening, I am not sure why they do not appear on the platform where I have my matter from. I feel I have gone through so much of the information with you on this thread that the others would be something I could guide you on. I will keep a look out and hopefully I will come across them. In the meantime, all the best.

Customer: replied 6 days ago.
Dear RM I had an email from the Court of Appeal about the N244 I filed. Please pick up the nee question so we can continue there

Good evening, I have been off the platform all day due to a really busy day on some of my litigation matters. I have not however had any notification of the other claims you have added so it could be other experts on line when you added them dealt with them?

Customer: replied 5 days ago.
Please pick up the question "Can the Registrar" I think it was posted on the 28/09
Customer: replied 5 days ago.
I did post a question asking you but it was taken out of your list probably because you had not picked up. I have five questions unpicked so I cannot keep posting and experts not picking them as there is a limit
Customer: replied 5 days ago.
I asked Jamie Law to pick up the question after the moderator wrote that she was looking for an expert because if a new picked it up I would need to tell the whole story from the start and it takes too long.
Customer: replied 5 days ago.
I just want an answer myself
Customer: replied 5 days ago.
Or in this case someone to read my draft so you are welcome to pick up any question unrated
Customer: replied 5 days ago.
But I cannot post another new
Customer: replied 5 days ago.
For that
Customer: replied 5 days ago.
I have written in the question "grounds for SC" that it is fine if you want to answer it

Good morning, let me check now if the system will allow me access to your unpicked questions, I will get the one you have referred to.

The system is not allowing me access to your list, I can see that you have 9 live questions but for some reasons they do not appear as available to pick. I will check on the main platform and if I find it I will definitely respond to you.

Customer: replied 5 days ago.
What about the one you picked up yesterday?
Customer: replied 5 days ago.
It is still free
Customer: replied 5 days ago.
It should be in your mailbox
Customer: replied 3 days ago.
The question grounds for SC has not been picked up
  • I have finally found the grounds for SC thread. I have sent you a message there, so you can stop writing on this one.
Customer: replied 3 days ago.
Thanks
Customer: replied 3 days ago.
There are seven more questions unanswered which you can pick up. They are now out dated but I can rate you for your time

No problem, thank you.

Customer: replied 3 days ago.
Will you please answer about the grounds?

Hi, I have answered on the relevant thread. Please do not reply on this thread as the system will prompt me to respond on the different threads.