False appeal submitted - advice needed

[HYG]

To cut a long story short - I was taken to Court and the case was struck out on CPR case management grounds.

The claimaint appealed to the magistrates court - a hearing was held and the District Judge refused to reinstate the case.

Almost 6 months on and the claimaint has now filed an appeal (Appellant's notice, Small Claims Track)

The claimaint has falsely ticked that the claim has been made within 21 days of the date on which the judge made his decision.

The Court stamp on the front of the form clearly shows that over 5 months have lapsed.

Secondly, the claimaint has ticked that permission to appeal has been granted - which again is false.

The appellant has not attached a copy of form N460 - as one does not exist.

Is it not the job of the Court to check these matters before sending me acopy and giving me 14 days in which to file my response with form
N162?

Any suggestions on how I should proceed?

Thank you.

[thedirtyhound]

Personally, I am very confused by your comments. Was this a civil matter in the County Court or a criminal matter in the Magistrates Court? It is either one or the other!

If the case was struck out by a judge at his own discretion and without a hearing, the Claimant had the right to make an application to have the decision set aside. That seems to be what happened here, but the application was unsuccessful. Consequently, the only remaining option to the Claimant would be to appeal. To do that the Claimant would have to seek permission to appeal directly from the judge who heard the case at the end of the hearing. More often than not, permission is refused because judges don't like to think that they can ever be wrong! So if If permission was refused, the Claimant would have to make an application to the circuit judge purely for permission to appeal. If it was refused a second time, that would be the end of the matter. If successful, he can go ahead and appeal.

I realise that a lot of court centres are combined units, where the County Court and Magistrates Court are in the same building. I think you must be confusing the two?

If the appeal has been made out of time and without permission, you should write to the Court Manager to explain this. Your letter would be put before a District Judge for directions, who should strike it out immediately as an abuse of process.

[jaguarsuk]

Personally, I am very confused by your comments. Was this a civil matter in the County Court or a criminal matter in the Magistrates Court? It is either one or the other!

If the case was struck out by a judge at his own discretion and without a hearing, the Claimant had the right to make an application to have the decision set aside. That seems to be what happened here, but the application was unsuccessful. Consequently, the only remaining option to the Claimant would be to appeal. To do that the Claimant would have to seek permission to appeal directly from the judge who heard the case at the end of the hearing. More often than not, permission is refused because judges don't like to think that they can ever be wrong! So if If permission was refused, the Claimant would have to make an application to the circuit judge purely for permission to appeal. If it was refused a second time, that would be the end of the matter. If successful, he can go ahead and appeal.

I realise that a lot of court centres are combined units, where the County Court and Magistrates Court are in the same building. I think you must be confusing the two?

If the appeal has been made out of time and without permission, you should write to the Court Manager to explain this. Your letter would be put before a District Judge for directions, who should strike it out immediately as an abuse of process.

Write the letter to the court, file the N162 and enclose a Witness Statement to that effect as well as it contains a statement of truth, so the court clerks can then present the witness statement to the judge.

Is it not the job of the Court to check these matters before sending me a copy and giving me 14 days in which to file my response with form N162?

You would think so, but most just accept what's filed and then allow process to take it's course.

[HYG]

Personally, I am very confused by your comments. Was this a civil matter in the County Court or a criminal matter in the Magistrates Court? It is either one or the other!

Sorry to cause confusion - this was a civil matter which was handled in the small claims court.

If the case was struck out by a judge at his own discretion and without a hearing, the Claimant had the right to make an application to have the decision set aside. That seems to be what happened here, but the application was unsuccessful. Consequently, the only remaining option to the Claimant would be to appeal. To do that the Claimant would have to seek permission to appeal directly from the judge who heard the case at the end of the hearing. More often than not, permission is refused because judges don't like to think that they can ever be wrong! So if If permission was refused, the Claimant would have to make an application to the circuit judge purely for permission to appeal. If it was refused a second time, that would be the end of the matter. If successful, he can go ahead and appeal.

At the original hearing, the claimant had not filed a bundle and the Judge issued a 'must do order' which the claimant did not fully comply with. The case was then struck out. The claimant then asked for a hearing to get the case reinstated. At the hearing, the request was denied.

I realise that a lot of court centres are combined units, where the County Court and Magistrates Court are in the same building. I think you must be confusing the two?

If the appeal has been made out of time and without permission, you should write to the Court Manager to explain this. Your letter would be put before a District Judge for directions, who should strike it out immediately as an abuse of process.

Five months on, I have now received Court paper work where the claimant (falsely) states that permission has been granted to appeal and has also ticked that the application is within 21 days of the last court hearing court. The stamp on the paperwork clearly shows that it was filed over five months late.

[thedirtyhound]

I think a straightforward letter to the Court Manager detailing the chronological sequence of events should suffice. If you have the various court orders, you should attach them too. Also, if permission to appeal was made at the hearing and was refused, that is often put on the order. I think this matter will be dead in the water.

[HYG]

I think a straightforward letter to the Court Manager detailing the chronological sequence of events should suffice. If you have the various court orders, you should attach them too. Also, if permission to appeal was made at the hearing and was refused, that is often put on the order. I think this matter will be dead in the water.

Thank you - I shall contact the Court.