Can you Appeal an OH that has refused the Appeal ?

[SweetWilliam]

In response to my question what does hearing a case mean, the Appeal Judge said that a judge would have considered the matter. Given that the application was not listed and I had to remind teh Court that the application was unheard for over a year, the judge dismissed without even knowing what it was about.

How can something be considered if it has neither been read or the party has not given a spoken account?

Is it acceptable that a matter is considered and not heard in this way - how is it fair and just?

[dslippy]

A failure ti list may not be the same as a failure to consider the evidence.

[SweetWilliam]

The particular application dated 4/3/21 to request sight of the only evidence the claimant was offering in evidence in the (original) claim dated 8/10/19 had been listed on the 7/5/21 but vacated to be heard on the 21/9/21 when it was not heard. (Original claim was for £2710.30 for the balance of invoices, a deposit of £750 having already been paid by me).

By making the application for disclosure of the report (that I knew did not exist), it was my intention to demonstrate to the Court that the claim was based on a fundamental dishonesty and thereby have the case dismissed, by way of good case management.

The evidence failing to prove what the Claimant's case, namely that the claimant had in his possession a report from Ideal boilers the gas boiler that had been installed at my property, had been installed in accordance with the manufacturer's installation instructions (thereby meeting all the necessary regulation, British Standards and industry standards) and therefore that they had fulfilled the Contract to supply and install said boiler.

The manufacturer has confirmed in writing to me that at no time have they produced such a report. This position is further supported by the fact that the Gas Safe Register has undertaken (three!) inspections on the installation, produced three separate reports at various intervals as faults became known each stating that the boiler does not meet the manufacturer's installation instructions.

Despite requests to the Court clerks my application was not subsequently listed. However at the hearing of the 8 July 2022, I raised the matter with the judge, but he refused to hear it whilst in his Order he dismissed the said application.

At the hearing of the 6 April 2023, the third date for athe trial hearing, the judge commented on the proportionality of the case, appearing to be critical of me. I agreed that the case management had been dreadful and that the matter should have been concluded on the hearing of my application date the 4/3/21.

Noting that case management is not a matter for the defendant and in his judgement he simply added to the problem (for reasons I will not cover in this thread).

This is a serious matter and any guidance would be appreciated.

[Huxie]

Blueeyes1 Do you also post under the username Malibu1 and the (now inactive) username Neptune? I ask as members cannot have more than one username.

[atticus]

Deleted - post to which this responds has been deleted.