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Hello, how are you today?
My name is ***** ***** I am going to assist with your query. Let me just read your post.
Things may be a bit slower today as it is a weekend, but please be assured I will get back to you with a response as soon as I can.
If you were present when the order was made (i.e. attending the hearing, in person or by phone/video call) then the appeal clock runs from the day the order is made.
If your appeal is now out of time, then you will effectively be making three applications, 1) to appeal out of time, 2) to appeal the lower court's order - as I recall you did not have the Judge's permission to appeal, so you need to ask the appeal court for permission, and 3) the substantive appeal.
You definitely need a lawyer at this juncture, so I do hope that the one you are seeing next week will be able to correct all these things and get the application into court for you.
If the judge gave you permission, even orally, that should be okay - if you have the transcript (which you should have if you decided to appeal), then the oral permission will be recorded in that.
Doesn't change anything else I said. You need a lawyer.
In that case, if the transcript doesn't record the judge saying you have permission, then you don't have permission, and my original three point appeal point stands.
You have to file grounds and skeleton - the N161 states as much.
The court will consider a properly constructed application with the correct documents. You said you are seeing a lawyer next week, so you will be able to get everything done as it should be done.
It is impossible for me to give you a view on the strength of your appeal - to do that I would need to read the transcript, all the documents and the judgment made. The solicitor you see next week will do all that and tell you whether you have any grounds to appeal.
Can I clarify anything further regarding your initial question about time frames for appeals?
Anyone can appeal. The timelime is 21 days from the date of the order. I am not sure why you are confused about that, I have not said anything different either of the times we have discussed this.
I also said to you that you needed a solicitor. Luckily you have said you will be seeing one this week, who will be able to advise you after reviewing the papers, whether you have a case worth appealing.
All the best.
You can find a solicitor in your area here: solicitors.lawsociety.org.uk
Use the above database as that is where all authorised and regulated solicitors in England & Wales are listed.