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11th April 2017, 17:26:PM #1
very very potted version; (Litigants in Person - No solicitors were present)
Small Claim came through relating to domestic situation, defended, filed paperwork, hearing took place - Judge threw out defendants evidence on 'font size' and 'too much paperwork' (even though bundle was the same size as the claimants, and on later inspection the font size WAS correct, she had held up a piece of evidence assuming it was the witness statement - clearly hadn't read any of it prior to the hearing as we had to point out what she was looking at and she then realised she was wrong and went through it but just found another thing to shout about without reading it all properly) - then proceeded to berate defendant and lay persons present about what the CPR's say (how should we know?! It's small claims and we're both LIP's??).......Claimants pack was also wrong, but no such dressing down was handed out. The Defendant was treated very badly and unfairly throughout the hearing. The Claimants evidence was then retained by the Judge. The Defendant AND Claimant were told in specific Judges directions to re-file properly for a new hearing to be heard at a later date (so the Claimant gets another bite of the cherry). New filing takes place, defendant changes their defence to address and match just the points of the claim as specifically directed by the Judge. Claimants bundle was re-filed in identical format, ignoring the previous directions and is admitted to court, heard at a second hearing (Defendant not present) and the Claimant wins full claim plus costs.
Worth noting that the claimant has made false domestic violence claims and the Judge (apparently) has a predisposition for being less than impartial towards male LIP's.
Appeal has gone in with full original evidence pack plus grounds for appeal and permission to appeal requested (not yet granted-waiting to hear) - numerous errors of law and errors of fact cited as grounds, plus initial judges candor and instructions to strip away all evidence (constitutes legal advice, is that allowed? Surely not??) disadvantaged the defendant by removing Article 6 rights under ECHR, thus not a fair trial, Judge 2 wasn't in possession of all facts because Judge 1 disregarded them and said couldn't be refiled although it ENTIRELY refutes the points made in the Claimants witness statement and evidence, plus Error of Law in that domestic finances are not governed by law of contract [Atkin LJ, Balfour v Balfour 1919] thus the judgement is erroneous. The balance of probabilities could not be correctly calculated as the judicial system disadvantaged the defendant.
Adding to the stink, the court took 14 days to type up the judgement order, then sent it 2nd class post arriving on a Friday - the appeal window is 21 days (failling the following week), so just made it by the skin of the teeth. Walked up to court to deliver the correctly assembled appeal, no usher, clerk or court employee would sign for it (at 42pm!) so had to go in the 'dropbox' and be processed the next working day - will that mean it's out of time? Everything was dated.
Looking for an idea of whether the appeal will be looked at or have a chance of being heard on paper. Preparing for Court of Appeal if permission refused, so if anyone has any step by step guides to preparing an appeal bundle with arguments etc that would be most helpful.
12th April 2017, 14:52:PM #2
Re: Appeal questions
The appeal has been accepted and is now with a Circuit Judge.
15th April 2017, 21:18:PM #3
Re: Appeal questions
Further question on this - do appeals always get allocated a hearing or can a Circuit Judge make a decision on the matter at hand on paper (I.e. Without an oral hearing)?
Secondly, if a judgment has been ordered, but no order has been made as to whether it has been stayed/set aside pending the appeal, what happens then?
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