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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35050
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Does this seem like a appropriate mail:​Dear JudgeThis

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Does this seem like a appropriate mail:​Dear JudgeThis email is to ask for your permission to appeal the judgement you issued Tuesday, and in particular the cost aspect of your order.I now realise that I should have applied for permission on Tuesday, and would hope that you consider this request in light of my being a litigant in person. Unfortunately I came down with a bug (and still am), which prevented me from taking action on Tuesday or Wednesday.Of course, I would be happy to provide you with a skeleton argument for the basis of my appeal or a form N161.Thank you for considering my request
Customer: replied 2 years ago.
I sent - and the judge denied - basically reciting the arguments from his judgmentI wouldnt mind taking to to the court of appeal. Is my understanding correct that:
1- i need to submit form N161 incl skeleton argument
2- there will first be a prelim hearing where a judge will provide advice/soft direction regarding the merits of my appeal - untilm this stage the respondent typically is not required to do anything/incur cost
3- if, based on stage 2, there seems a case to push forward the actual appeals process startsCorrect?
Customer: replied 2 years ago.
what do you think?
You need to appeal the refusal of permission and file the appeal at the same timeThey will be a first hearing - at which the appeal CAN be dismissed (which you will then appeal)
Customer: replied 2 years ago.
Am i correct in assuling that for this first hearing the respondent typically is not required?
Their attendance can be optional
Customer: replied 2 years ago.
I am just worried about them racking up costs again before this first hearingIs there any possibility to 'stay' the execution of the cost part of the order pending my appeal?
There is no need to do so at this stage - you can ask for a stay at the first hearing
Customer: replied 2 years ago.
Ok - yet - the cost order has been made for payment in 28 days and the first hearing may not happen before then
Customer: replied 2 years ago.
Does that change anything regarding the stay?
No not all - there is no need to worry at this stage
Customer: replied 2 years ago.
sorry - i am not clear. The order says i need to pay in 30k.The appeal hearing will likely take much longerSo is there a way to avoid paying?
The first hearing is likely to be sooner than 28 days
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