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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi Alex. I lost my case regarding the Bailment of my Dining

Customer Question

Hi Alex. I lost my case regarding the Bailment of my Dining Table and Chairs. I was not prepared for the court. The week before I had a court appearance where I was being prosecuted for violent entry into my former home. I was acquitted but was obliged to agree to a restraining order. This enabled my ex to not appear in the bailment case. I was prepared to argue that it was bailment, and therefore not time limited. However, my ex had a posh solicitor, and previous submissions had been had, that I did not know about, and evidence was submitted. I don't know exactly what that was but I think it was a statement by my ex. The Judge referred to this a few times most notably that my ex had had the furniture valued by a furniture charity and they thought it was valueless. The other reference was that my ex regarded it as family property. The Judge thought that my ex had not accepted responsibility for my furniture and the Judge was was not convinced that my ex had expressed consent. The judge said that I could have taken steps to collect the furniture and put it into storage. The passage of time implies abandonment.
I think that I should have had a copy of my ex's statement under disclosure rules. If I had known that the full examination of my case was on that day I would have taken documentary evidence of very similar items on sale now at the value I put on them. If I had known that she and the Judge would claim it was family property I would have reminded them that we were never married, and that the furniture was given to me in a private conversation at my sister-in-laws funeral (after she had killed herself) before my brother returned taking his children to Denmark. Therefore it was my furniture and would always remain so, I believe, under legal precedent for unmarried couples. In May 2000 she put my suitcases on the front driveway of the house and told me to leave. I was living hotels at the time (for work) therefore she knew I was not and could not, take my furniture or any of my personal possessions. Surely she had annexed my home, my assets and all my personal possessions and the furniture. That must be Bailment. It follows that she would have to end that Bailment by asking me to claim my goods with a reasonable notice. At no time was she not aware of where I was living, or my telephone numbers. In fact I had to take steps to prevent her from contacting me at work, because it was threatening my job. I tried to get her to downsize in 2007, as there was only 2 kids, in the 4 bedroomed house, so that I could release some equity to enable me to buy somewhere to live. After that I settled into a long haul, knowing that she would have to leave the property when the youngest kid was 18, which is next year. I planned to either buy her half, and move back in, or at least deal with all my possessions at that time. The Judge made a big play about the time delay. Do I have an argument for an appeal?
thank you, Trevor
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello Trevor and thanks for requesting me.
Alex Watts : What reasons did the judge five? Did you ask permission to appeal?
JACUSTOMER-gsz3egpf- :

well, I think I've covered it in the last mail. No contract. family property. no evidence Miss Hale accepted the Bailment or responsibilty. no expressed steps to collect my goods. passage of time implies abandonment.

JACUSTOMER-gsz3egpf- :

i did not ask for an appeal.

Alex Watts : Did you not have a copy of the statement or written submissions?
JACUSTOMER-gsz3egpf- :

no I did not nor do I have a copy. I have not seen them.

Alex Watts : Ok then you have ground of appeal. You should have been given disclose of the documents.
Alex Watts : This is a point of procedure and also article 6 human rights act, that is a fair trial.
Alex Watts : So yes you have a ground to appeal, based on the above,
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-gsz3egpf- :

well, that has a certain authority. I forgot to say that the Judge said that she felt that I had no likelihood of winning.

JACUSTOMER-gsz3egpf- :

in my application for an appeal, do I introduce the evidence that counteracts the points raised by the defence?

Alex Watts : Yes but raising new evidence can be hard is an appeal.
Alex Watts : An appeal is usually a review of the decision below.
Alex Watts : Does that help?
JACUSTOMER-gsz3egpf- :

it does. but to show that my ex gave me no opportunity to retrieve my stuff proves bailment. and the Judge made a big thing about the furniture not being worth much, so Ifeel the need to present pictures of similar stuff that is on sale. etc etc......

JACUSTOMER-gsz3egpf- :

I will come back to you later, and let you relax. I will want fill in the form Nxxx. and include the 'kitchen sink'. thank you.

Alex Watts :

Sure. if I can clarify anything else please let me know.

Alex Watts :

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