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JimLawyer, Solicitor
Category: Law
Satisfied Customers: 7609
Experience:  Senior Associate Solicitor
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Jim...hope you are well! This is linked to my previous

Customer Question

Hi Jim...hope you are well! This is linked to my previous question.Re: lodging an appeal in the county court re defective statement of truthWhat do make of this response from the appeal judge? See attached image.Specifically:1. Why would there be no prospect of success if counsel for the defendant stated at the hearing in question that the claim for deceit would have been valid if it hadn't been deemed to be out of time? There's no reference to this in this order.
2. Why is there no reference to the defective statements of truth? Surely if they are defective it is easy to tell and it would follow that if they are then the judgment is unsound because it was based upon evidence that is questionnable?
3. Why would I be allowed to request an oral hearing to tlrenew the application? If things, according to judge, are so cut and dried.Thanks for your help.Jason
Submitted: 4 months ago.
Category: Law
Expert:  JimLawyer replied 4 months ago.

Hi, thanks for the message the document.

Yes, permission to appeal has been refused for the judge's reasons in that order but you can ask for a hearing (see second page). You can either attend that hearing yourself or use an advocate ( are recommended).

I cannot answer your first question as I have not heard the transcript for the hearing and only have very basic details of your case. Same for question 2 I am afraid. I would recommend sending the court a letter to requests the hearing though - I would recommend that you do this quickly. The statement of truth should be an argument here as the judge would have made an error if they did not listen to your arguments (the reason to appeal is to say the judge was wrong, etc).