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Aaron D
Aaron D, Barrister
Category: Family Law
Satisfied Customers: 572
Experience:  LLB, BPTC
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What form do I need to fill if I want to stay the order. I

Customer Question

What form do I need to fill if I want to stay the order. I am filling in a N161 Form for the appeals court family division, how to I request to stay the order? Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Aaron D replied 1 year ago.

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

What type of order are you trying to stay please? It might help me if you tell me why you want to stay the order too.

Customer: replied 1 year ago.
A case management order
Customer: replied 1 year ago.
I wish to appeal against the need for expert assessments, the assessments being requested for wrongfully.
Expert:  Aaron D replied 1 year ago.

Ok well if you aren't happy with a case management decision then you'd have to just appeal. I don't think an application to stay is the right application to be making.

You have to consider the following from Part 30 of the Family Procedure Rules:

Permission and case management decisions

4.5A Where the application is for permission to appeal from a case management decision, the factors to which the court is to have particular regard include whether –

(a) the issue is of sufficient significance to justify an appeal;

(b) the procedural consequences of an appeal (e.g. the impact upon the timetable ) outweigh the significance of the case management decision;

(c) it would be more convenient to adjourn the determination of the issue.

4.5B Case management decisions include decisions made under FPR 4.1(3) and decisions about disclosure, filing of witness statements or experts' reports, directions about the timetable of the proceedings and adding a party to the proceedings.

AND

5.36 Rule 30.4(3) (Appellant’s notice) provides that unless the appeal court orders otherwise, where the appeal is against an order under section 38(1) of the 1989 Act or a case management decision in any proceedings, the appellant must file the appellant’s notice within 7 days beginning with the date of the decision of the lower court.

If it was Magistrates or a District Judge that made the decision, then you appeal to a Circuit Judge:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/866790/n161-eng.pdf

If it was a Circuit Judge you need to appeal to the High Court:

https://www.gov.uk/government/publications/form-fp161-appellants-notice-for-use-in-appeals-to-the-family-division-of-the-high-court

A stay shouldn't be necessary and in fact isn't really appropriate because so long as you have applied within 7 days as required a judge will look at your reasons for appeal and decide whether there should be an urgent hearing to reconsider the matter.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

I will remain available for any follow-up questions.

Expert:  Aaron D replied 1 year ago.

Hello, I just wanted to check if this answered your query for you or whether you required some clarification?