Seeking permission to Appeal

[Toby David]

Hi, We recently, successfully defended the case brought against us, but obviously the claimant has expressed the intention to ask permission to appeal.
I understand that in order to grant permission, the claimant must either prove there to have been a procedural error, or that the judgment was wrong in some way.
Has anybody any advice regarding this matter, also is the clamant required to make an application concerning requesting permission.
My understanding is that the only grounds the claimant has, is that she simply disagrees with the verdict.

[R0b]

Re: Seeking permission to Appeal

Yes you are correct, there are two grounds for appeal:

1. The decision was wrong, either in law or in fact or when exercising discretion

2. a serious procedural or other irregularity.

If there are reasonable grounds to argue that that the judge has made an error when giving his/her judgment and applying it to the facts of the case, then they may have grounds for appeal. This is usually a case where the law is ambiguous or not quite clear and its application could be viewed either way or whether there is little case law already decided on the matter e.g. county court level which is not binding. If the judge has not followed the correct court procedures then that will also be a ground for appeal.

If a judge has correctly applied the law to the facts of the case then there will be no grounds for appeal.

[Toby David]

Re: Seeking permission to Appeal

Hi Quick update,
Claimant was not granted permission to appeal.
Due to Claimants continued gamesmanship, We now have to submit detailed costs, which will then be assessed. Fortunately we have all receipts/ Invoices. But any advice regarding this matter, would be warmly welcome.

[R0b]

Re: Seeking permission to Appeal

A detailed costs assessment is essentially just that, the unsuccessful party has a certain time to agree or disagree to the costs and the judge will consider the costs also and award a sum or reduction of the costs. Nothing much more to advise on really.

[Toby David]

Re: Seeking permission to Appeal

Being that the Claimant disagreed with each and every 'Cost', during a court hearing, are we required to serve a 'notice of commencement', as the 'bill of costs' have already been disclosed to the Claimant, and she has already had opportunity to question them.
I assume that we have to submit a thorough collection of invoices/ receipts along with supporting evidence to the Court, as it is clear the Claimant will not any accept any amount of proof, and therefore it will be the responsibility of the Costs Judge to make the final decision.

[R0b]

Re: Seeking permission to Appeal

Being that the Claimant disagreed with each and every 'Cost', during a court hearing, are we required to serve a 'notice of commencement', as the 'bill of costs' have already been disclosed to the Claimant, and she has already had opportunity to question them.
I assume that we have to submit a thorough collection of invoices/ receipts along with supporting evidence to the Court, as it is clear the Claimant will not any accept any amount of proof, and therefore it will be the responsibility of the Costs Judge to make the final decision.

I am not well versed in detailed assessments but I believe the notice of commencement should be served and accompanied with the bull of costs along with any other documents / evidence such as invoices, receipts, etc.

the paying party has 21 days to serve points of dispute if no dispute on a point of a certain cost is raised then you are entitled to those costs.

Replies to the points of disputes should be served within 21 days of receipt.

Where costs agreed you apply for a certificate, if costs not agreed then the receiving party for costs must file a request for detailed assessment including all docs relied on and the appropriate court fees.

I believe that you need to commence proceedings within 3 months of the judgment or where detailed assessment of costs has been granted, whichever is earlier.


If you require anything beyond this, I would have to look into it as that's as far as my knowledge goes.

[Toby David]

Re: Seeking permission to Appeal

With regards to agreement, The Claimant has already had and taken the opportunity to challenge each and every cost, at a previous hearing, therefore in light of this, the Judge has ordered a detailed assessment. Having compiled an extensive file of evidence consisting of receipts / invoices/ e.t.c. I just wondered whether I also had to send a copy of this evidence to the claimant, as well as the Court. Thanks

[R0b]

Re: Seeking permission to Appeal

Yes, you need to file your costs with both the court and the Claimant. If the file of documents is going to be lots of paperwork then you could confirm with the claimant whether they would like a paper copy or an electronic copy. If they want an paper copy from you then you would be entitled to reasonable printing costs, which I think is something like 25p per double side so it is worth mentioning that to the claimant also. If they have a PDF copy then it can be sent over faster and can print the stuff off themselves which will be less time consuming for you.

[Toby David]

Re: Seeking permission to Appeal

Would I also be right in thinking that as well as paying my costs, the Claimant will also be liable for Court costs e.t.c. as to my knowledge, so far the claimant has been allowed pursued this action free of charge.