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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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How do I appeal my small claims if the defendant applied the

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Hi, how do I appeal my small claims if the defendant applied the wrong law claiming that I was out of time in their defence? which Please could you advise me which act of law does this come under? Many Thanks.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

What decision has been made which you wish to appeal and when?

Customer: replied 6 months ago.
Hi, the case was dismissed. It was made on the 27th April 2018. Many thanks.

Ok - was that after a trial or application hearing?

Customer: replied 6 months ago.
It was a trial which lasted 2 hours.

Ok on what basis did you lose?

Customer: replied 6 months ago.
The matter was regarding disrepairs to my property which my landlord refused to carry out. I provided invoices, receipts, photographs of the disrepair, proof that my landlord had no intention of carrying out the repairs, my assured tenancy agreement. The defendant my landlord provided no evidence, just a witness statement which was signed by a housing officer who was not even working at the company at the time and the witness statement was completely different from their defence. They defended that they don't have a timeframe to carry out repairs whether I had to wait a day, week, month or even a year. The Judge accepted this defence and said they acted accordingly to the tenancy agreement and that is why it was dismissed. The defendant also did not disclose the information I requested from them and lied to the judge that they disclosed this information and the Judge didn't ask them to show the documents.

Was it in a witness statement saying this though?

Customer: replied 6 months ago.
No, the defendant did not say anything regarding the timeframe of the repairs in their witness statement.
Customer: replied 6 months ago.
Sorry, I forgot to mention that the disclosure of the documents I requested was not even in their witness statement. The defendant was allowed to mention points that were not in their witness statement.

Ok - the Judge is entitled to take a view on what is said and form an opinion.

You can only appeal if:

1) there was an error in law,

2) there was an error in court procedure,

3) the decision was one which no reasonable Judge could have made.

The Appeal Court can't change a decision on the basis that they would have come to a different one. The issue is whether the lower Court made an unreasonable decision,

Your ground is 3) above.

To appeal you need to complete an Appellants notice.

You need to complete:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n164-eng.pdf

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 6 months ago.
Many thanks for your help and advice today. Please could you let me know if in the Appellants notice do I ask for a stay of execution in section 4) and in section 6) am I asking for an order a new hearing. And also do I need to fill in section 7 & 8 and in section 9) other than a copy of the order being appealed is there anything else I need to provide? I want to thank you for all your advice you are a credit to your profession. Best Wishes.

Stay and new hearing, yes.

You have 21 days to appeal, so you are just in time.

You need to complete 8 otherwise the Judge wont know why you are appealing.

Yes, you also need to complete 9 and send a copy of the order only.

Does that clarify?

Customer: replied 6 months ago.
Many Thanks. I will give you a 5 star rating.

Thanks, ***** ***** that.

Customer: replied 6 months ago.
Sorry, in section 8 Evidence in support is that the list of all the evidence I submitted in the trial. If this is not the case please let me know what do i have to provide? Many thanks.

No, its only anything additional. Why the Judge was wrong etc.

The Judge should already have the original statements.

Does that assist?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Hi, please could you help me with section 7 of the appeal form do I tick Part B or Part C so that I can fill in Section 8 as I am asking for a new hearing. Many Thanks.

Just a stay of execution

Customer: replied 6 months ago.
Thanks. I'm still not clear on Part A of Section 7, I apply for stay of execution because? Please, could you advise me on what would I need to put in that section? Many Thanks.

You don’t want it enforced.

Customer: replied 6 months ago.
Okay, Many Thanks.
Customer: replied 6 months ago.
Hi, please could you advise me on the following
1) If I need to call a witness which form do I need to use and what is the process?
2) Can I put in an application to the Judge asking for my housing file, if so please could you tell me the process?
Many Thanks.

1) You do just call them

2) No. But you can ask the Landlord and they need to provide this under the Data Protection Act

Customer: replied 6 months ago.
Thanks. The witness I would like to call is a police officer and I only have their rank number.

Ok. Sadly you need to speak to the force.

Customer: replied 5 months ago.
Hi on the 22 may 2018 I received a notice of transfer of proceedings. The appeal has been transferred in the county court at central London. please note that all other ancillary applications and enforcement processes must be made directly to the home court unless directed otherwise.if for the purposes of hearing your appeal a transcript is required you must lodge the EX107 at the home court. the appeal will be referred upon receipt to the Circuit Judge for directions. Please, could you advise me.do I need to prepare a bundle? Many Thanks.

Not yet, but you will.

Customer: replied 5 months ago.
Thank you for your reply and help. Do I just wait for the court to give further instructions?

Correct.

Customer: replied 5 months ago.
Okay, Many Thanks.