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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can I still appeal my case after nearly one year?

Customer Question

Can I still appeal my case after nearly one year?

As a result of my poor choice of legal representation my case has been badly affected as a result of which I face a bill of £10,000 mainly because my legal team got the facts wrong in what the claimant has made into a complex presentation of jurisdiction and legal arguments while litigating in person.

Relations broke down between my brother and I and we are not on speaking terms. I was sued for 'loans' by more older brother for a claim for £4,665 that was made of 3 parts:
• £3,000 for a loan for a car, which although I accepted and intended to repay, I asked the C to set this off as he was collecting my share of rent in Nigeria which was far in excess of £3,000. He had collected £20,000 in rent which he remitted to the UK and this belonged equally to us five beneficiaries ie £4,000 was my share. C has refused to disclose this and defied an order for disclosure so as to frustrate my efforts to use this as set off. He also raised jurisdiction which I will refer to below.

The second and third parts of the Claim were £1,125 and £500. They were not loans but my solicitor working out of Clapham Law wrote to the C admitting them as loans against my advice. Both the C and I jointly instructed layers in Nigeria in respect of our late mother's estate. He had spent the said amounts and I had spent over £2,000 for the same matter tot be same lawyers and over the same period. Somehow I failed to notice this anomaly and at the hearing my solicitor did not  appear in court. Also the judge missed this connection but allowed me to particularise my set off. The barrister who appeared was not sufficiently briefed and this reflected as a result if which judgment was entered for C. Because I had a barrister and although things were deteriorating for me in court I was not able to speak. I would have appealed this but because the judge gave me leave to file the particulars of a defence of set off within 4 days, I did not. On 20 June 2014 C successfully appealed and the judge struck out the defence of set off. I maintain I would have appealed the judgment.
Secondly both his latter claims of £1,125 and £500 were for matters outside jurisdiction and the claims should not have been entertained. My lawyers did not pick this up.

Even though it is out of time I want to appeal against the initial judgment of 5 September 2013 and wIll like to know the merits.

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did the claim go to trial or was judgment entered against you?