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ChrisB4147
ChrisB4147,
Category: Family Law
Satisfied Customers: 138
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I am wanting to appeal a family order, Yes it went to final

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I am wanting to appeal a family order
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Yes it went to final hearing and I want to appeal the outcome
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Leeds
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Hi, thanks for the question.  I’m Chris and I’m a Solicitor in family matters. I will be happy to assist you and hope to provide a full response as quickly as possible.

This is a question and answer service rather than an instant chat service, and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can.

Sorry to hear you haven’t been given a favourable outcome. I have a few questions if you don’t mind, just so I can clarify your position. This will assist me in providing you with a comprehensive answer. What is the family matter in relation to? Is it a children matter are you divorce/financial? When was the order made?

Customer: replied 13 days ago.
I applied in May 2019 to set aside a financial consent order due to substantial non disclosure made in January 2007.

Do you mean that you applied for appeal in May 2019? When you say consent order, that usually reflects an agreement between the parties. Was this order made by agreement or was it made by a judge following a final hearing?

Customer: replied 13 days ago.
It was made by consent but in February 2019 I received an email stateing he hid £3.5 million in Greece just before the consent order but didnt disclose. The decree absolute was 14 months after the consent order.
Customer: replied 13 days ago.
I want to appeal the order of the 22.04.2021.
I applied to stay the proceedings because I was told on 2nd April 2021 that there was an open police investigation into money laundering including the money my ex put in Greece
Customer: replied 12 days ago.
What form do I need to appeal the order.
Do I have to pay the interim cost payment even if I am appealing
Can I use my own costs assessor

Thank you for the clarification. I’m sorry to read the order and how it has been made against you. The appeal will have to be on the basis of an error in law by the judge. Reality is you’re going to need to know what the judgement is to find that out. You’re firstly going to have to apply for permission to appeal. Only once you’re given permission can you then go on to appeal.

Generally in order to obtain permission to appeal, and ultimately to succeed at the appeal hearing, it has to be shown that the court or tribunal you are appealing from made an error of law or an error of fact, or that there was procedural unfairness. This is why you need the judgement. You can apply for this from the court and they will need to get a transcript of it. However, this may take some time and, as you may know, you only have 21 days in which to put in an application for permission to appeal.

Generally the appeal court will not hear any new evidence. The appeal court does not conduct a retrial but only reviews the decision of the judge below.

You can find the court guidance for appeals here.

Until there has been a overturn of the order, you are still in a position where you need to pay the £20,000. With regards ***** ***** generally and then you can, if there is no agreement to what those costs should be, apply to the court for them to assess the costs of that file.

Customer: replied 12 days ago.
I could go to the court after the first day due to a positive test for Covid.
I took evidence in support of my stay application but the judge wouldn't/couldn't see it because he was remote.
I can argue every point in unfairness and if there is a money laundering investigation I have been legal advised to stay the proceedings because the final hearing could have predudiced the two appeals that are ongoing (one appeal is custodial convictions and the other end is the finances in Greece £15 million plus that have been frozen. There are also latent tax Bill's of millions to pay.Do I have to apply for permission to appeal? I thought I just had 21 days to appeal on a N161 form?
Customer: replied 12 days ago.
File attached (TV5Q5S5)

Yes, you will have to apply for permission but you give all the information as if you were appealing. I can imagine that the costs will be high. Ultimately, if you don’t accept, the costs will be put together and sent to the court for assessment. You will then have the right to challenge any costs. If the costs are reduced by over 20% you won’t pay their costs for assessment. If it’s not, the costs for the assessment will be added to the fees you pay.

Customer: replied 12 days ago.
Is it 7 days or 21 days to apply for permission to apply?

21 days.

I hope I’ve provided the information you were seeking? If you need more help, please let me know so l can continue to assist you. Otherwise, thank you for using JustAnswer. All the best and hope you’re successful.

Customer: replied 12 days ago.
This is part of the email from the other side (see attached ) should I allow them to use a cost draftsman, or should I get one or should the court do it?

The way the system works is that they get a cost draftsman and then the bill of costs that is produced by that person is sent to the court for examination. You will have a right to review that and make any comment in respect of it. Then there will be a court hearing whereby the court will examine the bill of costs and examine your comments. You will be able to argue the case and a court decides whether the figures are right or whether there should be any reduction.

Customer: replied 12 days ago.
Thank you. I will not argue the costs. I will pay £20k and try and pay the rest in instalments out of income. I want to appeal my application to 'stay' the proceedings on the grounds of unfairness. I also would like to challenge the conflict of interest that I raised about the Judge as he had been in contact with the barrister of the money launderer.
What form do I need and how much will it cost and who do I send it to?

I would phone the court to ensure that they provide you with the correct form to use. I believe it’s £125 and you would need to send Three copies to the court but you should also indicate to the other solicitors what you are doing and send them a copy of what yo

Customer: replied 12 days ago.
Will I be sending the form to Leeds family court or to the high court

I think Leeds have a high court division. You can check that when you phone them.

Customer: replied 4 days ago.
Hi I have got the correct appeal form ie FP161 and I would like some assistance filling it in
Customer: replied 4 days ago.
File attached (VGMGT27)

Yes of course. I’ll provide you with a premium offer for more assistance.

ChrisB4147 and other Family Law Specialists are ready to help you
Customer: replied 4 days ago.
Ok but what is a premium offer

Thanks. What help would you like?

Customer: replied 4 days ago.
What happens now ?
Customer: replied 4 days ago.
I have already asked you
Customer: replied 4 days ago.
Help with form
Customer: replied 4 days ago.
File attached (M1S7T7Z)

Which part of the form exactly. A lot of the questions are factual.

Customer: replied 4 days ago.
File attached (4SS5754)
Customer: replied 4 days ago.
I disagree with point 3 of the order also point 5 and 6 (costs). This is Part 6 if the form. So I have written the points I disagree with.
Customer: replied 4 days ago.
It is Part 7 and 9 that I need help with
Customer: replied 4 days ago.
Part 7 is grounds for appeal. I think that I could not attend due to Covid is of course important but if you look at the offer dated 28th August I would not be able to discuss it at the final hearing anyway.
I
Customer: replied 4 days ago.
I accepted the offer on the 1st September
Customer: replied 4 days ago.
Should I put the offer in and my acceptance as part of my grounds of appeal
Customer: replied 4 days ago.
Hi
Customer: replied 4 days ago.
Are you there?

Please bear with me. I am dealing with you matter. I’ll come back to you as soon as I can.

Do you have a copy of what you have written?

Customer: replied 4 days ago.
File attached (L51V23L)
Customer: replied 4 days ago.
File attached (GPQV6T1)
Customer: replied 4 days ago.
File attached (7PVPGL2)
Customer: replied 4 days ago.
I made a complaint of conflict of interest in Recorder Garrido QC and the 4 day hearing was vacated. I was told it would be another Judge but on the first day/application to stay proceedings it was him again
Customer: replied 4 days ago.
Hello are you there

You can use the without prejudice letter because you are dealing with the appeal and the Issue of costs. In short, you have nothing to lose by putting everything in that you

Customer: replied 4 days ago.
Ok thanks. Part 9 of form.
Am I asking the court to set aside the order of the 22nd April or the original order of 18th January 2007?

It’s the 22nd of April because that’s the one you disagree with. If you’re trying to appeal the 2000 and

...2007 order, you would be classed as out of time.

Customer: replied 4 days ago.
Ok thanks.
A question about my application to set aside original order. What confuses me is this. I have been asking to set aside the consent order due to substantial non disclosure etc. But what I really want is the order to be varied (like their offer of 28th August 2020). Do you have to set aside in order to vary?

You’d be applying to vary the order.

Customer: replied 4 days ago.
all the time I have been asking to set aside the order it has been wrong. They suggested a further consent order when they made me an offer in August. How can you have a futher consent order if there is one already in place and it has not been set aside?
Customer: replied 4 days ago.
File attached (3ZG2P1P)

The consent order could have contained terms that vary the previous order.

Customer: replied 4 days ago.
The consent does not contain any terms. What difference does that make to my application to set aside when really I want to vary
Customer: replied 4 days ago.
Sorry do you mean the new order they were suggesting?

Yes, the new order could vary the last one.

Customer: replied 3 days ago.
Is my request to set aside the old order right or wrong if I want to vary the old one

You you need to apply to appeal the order in April. That’s the first hurdle you need to get over. If you’re not as successful in that, you’re unlikely to be successful in changing the original order in 2007.

Customer: replied 3 days ago.
Ok thank you. If I am successful to appeal the April order, doesn't revert back to original proceedings or will it still stay in appeal ie high court and court of appeal etc?

It will be as though that order didn’t take place so you are then left with your 2007 order which you will need to apply to vary because of the non-disclosed monies.

Customer: replied 3 days ago.
Ok thank you. I will use the file which is nailed on. Will the ongoing ( if I'm successful) be in the high court etc and will I be able to keep the offer in the documents?

Yes, I would think it will be in the high court. The offer made previously is not something you can now claim. It was their offer and it will now be withdrawn.

Customer: replied 3 days ago.
I agreed to it
Customer: replied 3 days ago.
Will I be able to use it as evidence?

You can use it as evidence. It will be up to the court if it can still be ‘in play’.

Customer: replied 3 days ago.
Ok thanks. I my opinion the offer and my acceptance proves that the order in April is nonsense.

Hope all goes well with the appeal.