Lay representative

[Trustdelboy]

Evening all
I am in the process of lodging an appeal against a claim lost in the small claims, I was helped by a friend who acted as my lay representative, I have searched, I think, the entire internet and cannot find anything that would say I can or can not, the question is, can my Lay rep: submit a witness statement to my appeal as he was there and heard what was said by the judge

[atticus]

Of course he can. Whether that will help you is a different question.

[Pezza54]

PD 27A 5.1A
A hearing that takes place at the court will be tape recorded by the court
A party may obtain a transcript of such a recording on payment......
May be no need for your friend's witness statement if you obtain the transcript

[Trustdelboy]

Absolutely many thanks ATTICUS and PEZZA54, obtaining a transcript may take time but thanks all the same, I'll go down the witness statement route, fingers crossed

[atticus]

Transcripts are not cheap.

[JK2054]

Sorry I completely agree with atticus here but also have some experience to add.

So you lost a small claims trial, if you asked for permissioon to appeal at the hearing, you will need to wait for your N460 with reasons allowing/refusing permission to appeal.

You then need to file your appellant's notice (n164 form).

At that position you do not need a witness statement, nor a transcript. You must first submit the notice, along with the reasons for refusing permission to appeal (if you asked at the first hearing)

DO NOT submit any further documents at this stage. You do not submit a witness statement at this stage either. You do not need a transcript at this stage and should not order one, nor submit one if you already have it.

Infact if you try and submit anything further you may find the court just rejects the appeal documents alltogether and makes you refile them correctly.

If/When you are directed to order you should choose the cheapest 12 day turnaround provider you can, this means it should only end up costing £40ish for a standard judgement, although if your judgement was longer this will cost more.

[Trustdelboy]

Hi jk2054 many thanks I didn't ask for permission to appeal as it was all a bit of blur trying to digest the Judges comments and sarcastic digs, it was only later discussing what had happened that we realised the mistakes made by the judge and the court, I filed an appellants notice, I was given a date to file according to PD52B 4.2(d) which is what I'm doing now, but thought if I added a witness statement from my friend as he was in court with me to try and add weight sorry I wrote my first question wrong I haven't been given or asked for permission I asking now, thanks everyone

[JK2054]

upload the court paperwork please

[Trustdelboy]

Hi JK2054 I hope this helps many thanks

[JK2054]

shall deal with this later

[Pezza54]

Best to read Chapter 20 Appeals in the Handbook for Litigants in Person - link at bottom of Atticus's post above
6 pages covering the appeal process

[Pezza54]

Please google " 2tg Supreme Court Guidance on Judicial Unfairness" and read the notes about the case covered
In particular paragraph 4 The judges frequent interventions rendered the trial unfair
Paragraph 6 the judge should remain aloof and neutral

[Trustdelboy]

Pezza54 thank you brilliant that

[atticus]

Small Claims cases are different.

[JK2054]

The advice by pezza is completely wrong unfortunately because it does not relate to your case type. please bare this in mind as any references to it will likely show the appeal judge that you are just misconceieved and referencing random judgements in hope