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Neighbour claimed my ivy plant damaged her fence.I had paid

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Neighbour claimed my ivy plant damaged her fence.I had paid her £645 ordered by District Judge.ordered no permission to appeal. I had tried twice to appeal . Result refused permission to appeal.
Have offer me oral hearing at County court.I have to hand in Trial bundle and skeleton argument on 30th July 2018
What are the right to argument the judge law in appeal?
Thanks

Hello, my name is*****

It would seem that you have been granted an opportunity to seek permission to appeal. Does it say on the papers that the appeal is to follow if permission is granted?.

Sometimes they just consider permission to appeal and if granted then the actual appeal hearing is on another day. Alternatively they list the matter for permission to appeal and the appeal to follow if permission is granted so it is all dealt with in one hearing. The reason is that the grounds for permission to appeal are often the same as the grounds of the actual appeal.

In honesty appeals are very difficult. You cannot appeal because you did not like the decision but only because the judge was wrong.

When the District Judge made his decision he would have given his reasons in a short judgement. This is what you must concentrate on for your grounds of appeal.

In short the judge must have made a mistake in law or just ignored or was wrong to attach little weight on evidence that supported your case.

In short you have to demonstrate that had the judge considered all evidence he would have made a different decision.

Quite often in the court of appeal the appeal judges state that they may have made a different decision but the appeal has failed because there was nothing wrong with the reasoning behind the decision of the judge who made the initial decision.

So you need to look at the evidence the judge had before him and consider whether he just made a mistake - possibly he did not understand it. Alternatively did he ignore any evidence that was helpful to you for no good reason.

On a pratical note if your hearing is just for permission it will just be you and the judge - being a circuit judge. If it is permission and appeal then the other side will be advised and can attend. If that is the case and you lose then the court can order you to pay their costs.

I hope this helps.

As a matter of interest what court is it?

Customer: replied 2 months ago.
County court

Hello,

In which town?

Customer: replied 2 months ago.
Central London County Court

Hello,

The reason I asked is whether I had personal experience of the court that could assist you. In the Central London there are many judges that can hear the case.

As judges are very busy the more concise you can be the better. It makes things easier for them.

I hope my guidance is useful.

Thank you.

Marcus

Customer: replied 2 months ago.
What are the bullet points I need for Trial bundle and skeleton argument for my oral hearing

Hello,

Sadly it is impossible to give you precise advice without knowing more about the case i.e the reasons why the judge made the decision he did.

To assist you the best I can I would say:

Trial bundle.

You need to put together all the papers and number them with an index. You need to include a copy of the order you are appealing, you appeal notice and and court orders made. Also a copy of the trial bundle from the first hearing would be useful. Ideally you should also include a copy of the judgement i.e the reason for the judges decision if you have one.

Skeleton Argument

You just need to set out your reasons for the appeal i.e why the judge was wrong - did he make a mistake or ignore important evidence. As I daid previously you cannot appeal because you did not like the decision.

Sadly I cannot be more precise without more information about the case i.e what evidence did your neighbours rely on. Why do you think the decision was wrong.

Thank you.

Marcus

marcusmalin and other Law Specialists are ready to help you

Hello,

I do hope all goes well for you.

Thank you.

Marcus

Customer: replied 2 months ago.
KÌ am very thankful to Mr MacusMalin advice. Very helpful when I was struggling for advice.Certainly will recommed to others