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Good morning, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. Can you clarify your question so that I can best advise you?
Thank you for the confirmation,which court are you appealing to?
Thank you for the clarification, this is outside the scope of my expertise therefore I will opt out to allow another expert to pick this up.
Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.
I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.
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Part 52 and Practice Direction 52B of the Civil Procedure Rules 1998 govern the appeals process from the County Court. For your appeal to be allowed, you must persuade the court that the judge at first instance made an error of fact or law in reaching their decision. An appeal is not necessarily a retrial of the case; it is firstly a “second opinion” by a higher court that the judge in the lower court interpreted the facts and the law correctly in reaching their decision.
If the Judge did not expressly give permission for you to appeal and/or give a deadline to appeal at the conclusion of the county court trial when they handed down the judgment, then the timeline to lodge the appeal is 21-days. Clearly, if judgment was handed down over six weeks ago, then you are significantly out of time to lodge the appeal. I can only suggest that you include in your application to appeal, a request for the application to be heard out of time under PD52B Section III on the basis that you received the court order with judgment following trial late or not at all due to the national “lockdowns” over the global Covid-19 pandemic. Hopefully, the court will have some sympathy with you and allow your application to proceed out of time.
Your application to appeal must be made on Court Form N161 or, in respect of a Small Claim, Form N164, and give clear reasons for the appeal. As advised above, you must state why you consider the judge at first instance to have erred in fact and/or law in reaching their decision, as opposed to asking the appeal court to “have another look at the claim”.
I hope this resolves your enquiry. Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.
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