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ReadyLaw
ReadyLaw, Lawyer
Category: Law
Satisfied Customers: 2085
Experience:  Bar Professional Training Course
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Can a caseworker present to the judge an appeal made by her

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Can a caseworker present to the judge an appeal bundle made by her own selection of documents without the consent of the Claimant?
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 3 days ago.
I am ok

This isCustomer welcome to Just Answer.

I have been a legal expert on the site for several years and my goal is to provide you with the best experience possible and answer any questions which you may have about your current situation. Your satisfaction is my top priority! Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an lawyer-client relationship and it is always in your best interest to retain legal counsel, if you have a current legal matter, that you need help with.

Please allow me a few moments to reply with my initial answer. I am here but need time to read what you shared above, type and respond to you. Feel free to ask any follow up questions as needed until you are satisfied.

No, the bundle has to reflect all the documents that are relevant for the appeal hearing. So the bundle should include both the claimant's and defendant's documents.

Can I clarify anything for you?

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 3 days ago.
Dear Ready the following has happened
Customer: replied 3 days ago.
Two Appelant's notices were filed combined with a Common Core bundle
Customer: replied 3 days ago.
Both as hard copy and also electronically in three emails. Only a few hard copies were not scanned due to covid
Customer: replied 3 days ago.
The case progression team declared the hard copy lost
Customer: replied 3 days ago.
asked the Claimant to resubmit electronically as one bundle
Customer: replied 3 days ago.
The claimant explained that she had filed all she had electronically and had lost the hard copies. Also she does not have it skills to collate pdfs
Customer: replied 3 days ago.
The case worker insisted but finally said she would retrieve the documents lost from the High Court
Customer: replied 3 days ago.
The High Court staff had at first declared the Claimant's documents lost too and then made a file which out of nearly 300 pages had 7 pages from the Claimant's documents and the resistances oof grounds of the defendants. The decision of the judge about permission on paper for judicial review was based on these documents and the claims were refused quoting the arguments of the defendants.

Kindly give me a minute to review all that you have typed.

ReadyLaw, Lawyer
Category: Law
Satisfied Customers: 2085
Experience:  Bar Professional Training Course
ReadyLaw and 2 other Law Specialists are ready to help you
Customer: replied 3 days ago.
The Court of Appeal followed the same pattern and created a so called mini bundle with only the orders of the High Court that the claimant asked permission to appeal and the resistances of grounds. Not a single page from about two hundred of the actual documents of the claimant
Customer: replied 3 days ago.
What is this?
Customer: replied 3 days ago.
Forgery?
Customer: replied 3 days ago.
Please take your time

Do you have the documents which are missing?

Customer: replied 3 days ago.
Customer: replied 3 days ago.
As the same had happened at the High Court the Claimant was dubious and asked the index from the case worker
Customer: replied 3 days ago.
When she saw that she had left our ALL her documents she complained everywhere
Customer: replied 3 days ago.
She warned that she does not consent to this mini bundle to be presented in the place of hers
Customer: replied 3 days ago.
that is a decision is made based on it and the judge has not read her documents she would consider it void
Customer: replied 3 days ago.
Is this correct?

As I had set first, the court is required to have all documents relevant to the case before it in order to make its decision. If you have all the documents, you may submit to the court the required core bundle. The fact that the Claimant has not submitted it would not amount to it being forgery. There is however nothing preventing you from submitting the bundle electronically to the court.

Customer: replied 3 days ago.
Dear Ready Law the bundle had been submitted as hard copy in March
Customer: replied 3 days ago.
all documents but a couple were lodged also electronically in March
Customer: replied 3 days ago.
The case progression team manager confirmed they existed electronically
Customer: replied 3 days ago.
But not in one PDF
Customer: replied 3 days ago.
The case worker created a bundle herself anyway from documents from the High Court but she included none of the Claimant's only of the defendants'
Customer: replied 3 days ago.
Can we say it is bias?

I do understand that. That is why I had asked whether you now have a copy of the documents which are missing. If you do have a copy, and the court has lost the documents, there is no harm in resubmitting the bundle for the courts' attention whether it be electronically or otherwise in order for the matter to be progressed. If you are the claimant and you have copies of your own documents, there is nothing preventing you submitting a bundle which includes your documents.

Bias would not arise at this stage, bias would be if the judge made a decision without having considered all the material and you are somehow able to prove that the decision was wrong in law and in fact because the judge made a decision without properly being aware of all the relevant facts in the proceedings.

I will now be stepping away from the system. Kindly review the guidance above. If there are follow up questions I will respond when I return. All the best. RL

Customer: replied 3 days ago.
The judge has made his decision
Customer: replied 3 days ago.
Knowing that he did not have all documents
Customer: replied 3 days ago.
has made errors in law
Customer: replied 3 days ago.
the procedures
Customer: replied 3 days ago.
Please pick up my other question to continue there and rate you
Customer: replied 3 days ago.
34;I would like some information about the files of the Court"

The difficulty you see is that in order for you to get a complete answer you will have to give an expert the full overview of what happened. If you give your questions in snippets, I will not be able t give you a complete answer. In any event, based on what you have said, I find no basis on which I could truly say an allegation of bias would be upheld.

Customer: replied 3 days ago.
Probably because you do not know all details. If you want to know more you can pick up the new question and I will give more info and rate you for reading it. Thanks

Ok I understand. I will see if I come across the others. In the meantime, thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions - I am happy to help!

Customer: replied 2 days ago.
I do
Customer: replied 2 days ago.
please pick up the question so that I can rate you there
Customer: replied 2 days ago.
Rather than do follow ups

Ok great. All the best!

Customer: replied 2 days ago.
Will you pick up the other question or shall I carry on here?
Customer: replied 2 days ago.
Because I want to know what legal action can follow the biased decision of the judge
Customer: replied 2 days ago.
I need to explain to you more

As I have answered all your questions with respect to the initial enquiry I will have to continue to answer you here via our premium service, if you wish to continue asking further questions. This is so as to allow you to get the best service needed. If not, I will answer any other questions you may have if they are sent to me by the site for review. Kind regards, RL