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T_Graham12
T_Graham12,
Category: European Law
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Appealing a Small Claims judgement. I need help in finding

Customer Question

Appealing a Small Claims judgement. I need help in finding out how to fix an application to appeal a small claims judgement. I submitted an application to appeal a small claims judgement and the grounds for appeal which was based on significant errors in fact by the trial judge. However, the reason given for the decline is that "an appeal is not a retrial or a rehearing. Findings of fact are for the trial judge."This reason for refusal doesn't make sense to me because it is obvious that the trial judge made errors and did not consider the evidence and my understanding is that findings of fact are a valid reason for appeal.. What I was granted was an oral hearing to renew my application: "The Appellant is entitled to an oral hearing if within 7 days of receiving this order the Appellant informs the Court that the Appellant would wish to renew the application for permission to appeal"Questions:
1) How do I write to the Court to say that Yes I want that oral hearing - I believe I need to submit an N244 application.
2) I also need more time to get legal advice to re-draft the grounds for appeal so that the Court will understand and it won't be declined. How do I ask for that considering that I only have a few days to confirm that I want an oral hearing.
3) Why did the court deny my application based on errors in fact, if it is obvious that errors were made and that is a valid grounds.Thanks
Submitted: 12 days ago.
Category: European Law
Expert:  Nina Caldera replied 12 days ago.

Hello! My name is***** am specialized in international legal advice and today I am going to help you with your inquiry.

Dear client, your case is a bit complicated. I have to investigate several details before giving you an advice. As soon as I have a clear answer, I will be happy to respond to your query.

In the meantime, if you have any other important information to tell me, it would be very helpful.

Thank you for trusting JustAnswer!

Customer: replied 11 days ago.
I do not want you to answer this question . I will need to cancel and resubmit this question.
Expert:  Nina Caldera replied 11 days ago.

Dear customer, I can leave the question for another expert to take it if you wish (This has no additional cost). Remember we are here to serve you, thank you very much for trusting JustAnswer. You do not need to make the query again