Appealing a*possession order

[Ashley Hill]

Having followed this thread for some time I must confess I now have absolutely no idea what is going on. Can the OP spell it out so we can all understand and not waste any more time?

The court staff are committing perjury; and the members on this forum hear are siding along with them!

[islandgirl]

Ah OK. Thanks for that.

[Tofros]

I could be wrong here (again).

I think the nub of the question is whether the possession order can be appealed on the ground that the written order did not include the comment made by the judge about rehousing.

The comment, taking the words as reported above - was not directive - directives use the word must or the word shall, and not the word will. In any event, such a directive would not be something that the judge could properly give /include in a possession order. Therefore it is not a ground for appeal that the comment was not included in the order. The transcript therefore will not assist.

No appeal can go forward without the permission of the judge (leave to appeal)

Unless there are proper grounds for the appeal ( these are listed on the shelter website) leave to appeal will not be granted.

[efpom]

The OP sought advice on appealing a possession order.
Shortly put, the advice is that such an appeal can only usually be made on a point of law and only after getting a court’s permission to appeal.
The OP has, in fact, lodged the paperwork for that appeal.
The OP argues that because the judge during hearing the possession application, made the comment that the claimant, a local authority, “..will assist the defendant with rehousing And this is NOT in the order”. #3
If that is the only point that the OP argues in the paperwork, it is a bad point, and the appeal will fail at the permission stage.

[efpom]

The OP has started another thread!!
https://legalbeagles.info/forums/for...ty-and-the-law

[atticus]

He has: on a different question, so fair enough.

Although I do think that this thread has more than run its course.

[Ashley Hill]

The OP sought advice on appealing a possession order.
Shortly put, the advice is that such an appeal can only usually be made on a point of law and only after getting a court’s permission to appeal.
The OP has, in fact, lodged the paperwork for that appeal.
The OP argues that because the judge during hearing the possession application, made the comment that the claimant, a local authority, “..will assist the defendant with rehousing And this is NOT in the order”. #3
If that is the only point that the OP argues in the paperwork, it is a bad point, and the appeal will fail at the permission stage.

with prejudice

[efpom]

If permission is refused "on the papers" you have 7 days to request an oral hearing.