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Any family solicitors? Family court appeal

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  • Any family solicitors? Family court appeal

    Hello legal people! We are in a private family law court process (in england). We have gone through a circuit judge apoeal which has been unsuccessful. We appealed to the high court family division (appeals) - however the court have sent the forms back saying they can't deal with the application as they have no jurisdiction under section 54 (4) Access to jurisdiction act 1999.
    I have looked this up & it says
    (4)No appeal may be made against a decision of a court under this section to give or refuse permission (but this subsection does not affect any right under rules of court to make a further application for permission to the same or another court).

    (5)For the purposes of this section a right to make an application to have a case stated for the opinion of the High Court constitutes a right of appeal


    Does this mean we've applied to the wrong court or that we simply can't appeal? Its very confusing. Thank you in advance
    Tags: None

  • #2
    Jurisdiction normally means wrong court ( in that the court isn't able to deal with the case )

    This https://assets.publishing.service.go...rm-201-eng.pdf
    says Private Law would be High court tho ...

    did the circuit judge refuse permission to appeal ?
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    • #3
      Your post is not very clear. When you say you went through an appeal, was it actually an appeal or permission to appeal?

      That provision the High Court has referred to suggests you've requested permission to appeal and that request has been refused. You cant appeal a decision where the court refuses permission to appeal.

      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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      • #4
        Thank you for your replies!

        Ok so we had an appeal heard on paper - so that was our 1st appeal. Then he (the curcuit judge at a family court - not the high court) refused permission to appeal his decision - we understood that we had 2 opportunities to appeal (although this might be wrong?). So appealed his refusal to allow our appeal at the appeal court in london (family appeal court). Do we need to redirect it to the high court - (I thought it might be to do with the rank of the judge that dealt with our appeal?)

        Its like being lost in a legal maze!!

        Comment


        • #5
          I think there lies your problem.

          You made an application to appeal appeal the CJ's refusal to give you permission hence the High Court rejected your application.

          You can request permission from the CJ to appeal to the High Court but if the CJ refuses then you must make a direct application to the higher court for permission to appeal.

          Do you see the difference?
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment


          • #6
            So which court do we appeal for permission to appeal to? Is that the high court or appeal court?

            Comment


            • #7
              It's the High Court, however assuming due to you getting it wrong, you are now out of the 21 day window to apply for permission? In which case you'd need to seek an extension retrospectively too since you will be out of time
              If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
              LEGAL DISCLAIMER
              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

              Comment


              • #8
                So can we apply for permission t appeal at the same time as applying for the order? Only the high court have said that we can't resubmit the application. For the reasons originally given.
                if the circuit judge that dealt with the original appeal is a qc would that make a differece- would this be why the high court are saying they can't deal with it?

                Comment

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