Judges Reasons

[Trustdelboy]

Had a one day trial, in the High Court, submitted Authorities and the cases to which I relied, the other side submitted a sheet of paper, nothing on it, apart from explaining they have no legal experience and something else, ( I have have no legal experience either, just this amazing site.
Anyway the Judge found in their favor, the Judge cited a case which hadn't been referenced by myself or the other side, can a judge do this or does it have to come from the authorities used by either side
Many thanks
TDB

[atticus]

Of course the judge can do that, if he is aware of legislation or a case that is relevant.

Judges are lawyers who know law!

[Trustdelboy]

atticus Many thanks for your prompt reply, I kind of of hoped that it would be classed as assisting the other side, oh well

[atticus]

It might be more accurately classed as giving the correct decision!

[echat11]

The OP need's to go through everything, see if they have grounds to Appeal, albeit the 'grounds' to Appeal are limited.

https://www.citizensadvice.org.uk/Gl...i-do-pdf-4.pdf

[Trustdelboy]

echat11 Many thanks for your reply, I have a massive procedural error which the judge ignored and didn't apply, in one of the preliminary hearings before a Master, the other side admitted to and agreed with me on an issue, but on the day of the trial completely backtracked, when I cross examined them, and in front of the Judge, pointed out that in the Masters directions order, they stated and admitted in front of him, the Judge completely ignored this.
Their witness statements were typed on a phone as they didn't have a printer, sent via emails, I proved that their statements had inconsistences in them, the Judge said that the way the statements were done, on individual phones and the inconsistences proved that they were independent and hadn't colluded
Regards
TDB

[JK2054]

no you cannot appeal a decision on the grounds that the judge used a precendent to reach his/her decision.

that is literally their job.. They are not assisting the other side by following the law.

[echat11]

echat11 Many thanks for your reply, I have a massive procedural error which the judge ignored and didn't apply, in one of the preliminary hearings before a Master, the other side admitted to and agreed with me on an issue, but on the day of the trial completely backtracked, when I cross examined them, and in front of the Judge, pointed out that in the Masters directions order, they stated and admitted in front of him, the Judge completely ignored this.
Their witness statements were typed on a phone as they didn't have a printer, sent via emails, I proved that their statements had inconsistences in them, the Judge said that the way the statements were done, on individual phones and the inconsistences proved that they were independent and hadn't colluded
Regards
TDB

If the Judge has made an error of law or fact the means, then there exists a possibility to Appeal.
See if you have a law centre close to you.

https://www.lawcentres.org.uk/

[JK2054]

appealing on the grounds of error of facts is very very hard

[echat11]

appealing on the grounds of error of facts is very very hard

As a side the whole Judicial System is very hard.

[atticus]

On this, the point is that the task of the judge is to make findings of fact; only if these are very obviously wrong will an appeal court intervene. Appeals are generally to correct errors of law.

[JK2054]

Yea you can get appeals for errors of law more easily, but getting an appeal court to overturn a judges finding of fact is incredibly hard.

[Trustdelboy]

Thank you everyone, I really apricate all your comments, I have done some digging around, and it does say that the higher courts are reluctant to interfere with judge of the lower courts, findings of fact, but if I prove that the other side lied, and the Judges decision was made on, or she came to that conclusion based on the lie, I'm hoping it will have some impact, although I think it will all be irrelevant when the failure to follow procedure and the law is looked at, even the Judge in her, reasons admits that.