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Court Hearing this week - advice

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  • #16
    Your claim has been re heard, following a successful set aside application. It will not be re heard again!

    An application for permission to appeal is the only route available to the defendant. The court will only grant permission if it thinks the appeal has a real chance of succeeding. There are strict time limits for this.
    The grounds of appeal (and permission) are limited to:
    a) errors of law
    b) perversity - a very high hurdle
    c) serious procedural error.
    d) New evidence i.e. evidence not available at the final hearing.

    If the appeal succeeds, the appeal court may (rarely) order a full rehearing, but in most cases will confine the rehearing to direct the judge to the proper application of the law or the correction of the procedural error.

    I doubt if I can usefully say any more on the matter.


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