Please help with harassment claim & potential appeal against civil proceedings

[Guest]

Any thoughts, opinions or advice on the legal aid exceptional funding submission (please see above) would be SO very helpful and welcome.
it is absolutely essential that I receive this funding or I will be unable to pursue this important claim, I need a miracle here and some luck for a change so PLEASE help if you can. I need an objective opinion.
Thank you

[Guest]

Anyone want to help??

[Guest]

Why does no-one want to help me anymore ?

As above, the Defendant has again been dishonest and shown contempt for the court and me in filling in his expenditure form.
He has massively inflated his outgoings and stated that he has just £200 in his account.

I have already emailed the court to reject the offer to pay in installments.

What I forgot to mention is that I have evidence (screenshots) of various cars and technology he has sold over the last 6/9 months to include the following

Nissan Quasqui £11,300 (November 2018)

Rose gold iPhone 6

iPhone 5 16gb

Audi A7 £22,650 (January 2918 - Facebook selling)

Toyota Yaris 52 plate £350 (his girlfriend's car)

There are also a couple of other phones and an iPad sold for various amounts

He conveniently doesn't mention any of these items when he 'fabricates' his incomings and outgoings to ensure he has no disposable income and therefore can't "afford" to pay me the massive, gigantic sum of £520!!!!


As mentioned previously, the Defendant is in the Army and therefore travels a lot.
I recall that when I was resident at the home, he returned from a deployment with about 50 or more packs of 200 cigarettes (he'd been to Omar I think) it seems that he has a duty-free ''side-line' of selling said cigarettes online for £50 per 200 pack!!!! He has posted online and I also have a screenshot of the posts which shows a photo of the cigs.

So i was wondering if I should email the court again with screenshots of the above reiterating that I do not accept the offer and stating that yet again the Defendant is being dishonest?? As well as that, the Audi was less than a year old, to my knowledge there is no reason for the sale, plus I know very little about cars, but the value seems extremely low for a top of the range vehicle with all the extras less than a year old??
it seems to me that he is deliberately 'disposing' of goods in case he was unsuccessful in the court proceedings?

Your thoughts on next steps please?

[R0b]

So you've already said that you have emailed the court rejecting the defendant's offer of £30 and asking for full payment, did you include the evidence you referred to above or did you simply email without any reason or justification behind your answer?

If you want advice on legal aid applications, then I think you need speak to someone with expertise in that area. From a quick google, ECF applications appear to be determined on the basis of a breach of an individual's convention rights or any EU rights enforceable by the individual relating to provision of legal services. There is also discretion for the Legal Aid Agency to make an exceptional case if it is appropriate to do so.

Source: .Gov website

I have to say, your current situation doesn't seem to fit the criteria at all, but then again I'm not an expert simply reading the guidance from the .gov website. It also seems you are taking very personally, and just because the guy isn't up to your expectations, I don't see why there is a need to involve his CO about his behaviour in all of this? It's a civil claim and as far as I can see, has nothing to do with his work in the army.

You might want to consider pursuing his CO because if you push it too far, it may end up backfiring with a harassment or other form of claim against you. Of course I don't know the full details nor have I read the whole of your thread but I do think you need to be more objective about all of this in stead of getting sucked into it.

[Guest]

So you've already said that you have emailed the court rejecting the defendant's offer of £30 and asking for full payment, did you include the evidence you referred to above or did you simply email without any reason or justification behind your answer?

If you want advice on legal aid applications, then I think you need speak to someone with expertise in that area. From a quick google, ECF applications appear to be determined on the basis of a breach of an individual's convention rights or any EU rights enforceable by the individual relating to provision of legal services. There is also discretion for the Legal Aid Agency to make an exceptional case if it is appropriate to do so.

Source: .Gov website

I have to say, your current situation doesn't seem to fit the criteria at all, but then again I'm not an expert simply reading the guidance from the .gov website. It also seems you are taking very personally, and just because the guy isn't up to your expectations, I don't see why there is a need to involve his CO about his behaviour in all of this? It's a civil claim and as far as I can see, has nothing to do with his work in the army.

You might want to consider pursuing his CO because if you push it too far, it may end up backfiring with a harassment or other form of claim against you. Of course I don't know the full details nor have I read the whole of your thread but I do think you need to be more objective about all of this in stead of getting sucked into it.

rob you really DO need to read my initial thread before making inaccurate and unhelpful .Comments that are merely based on assumptions and conjecture.
Funnily enough I may be taking it "personally", but that is probably because I don't particularly take kindly to being threatened with sexual assault, being forced to go to a refuge and losing all of my possessions then discovering that the creep has posted covert videos online with defamatory and obscene comments.

Quite frankly he has put me through hell and suffered zero consequences. I find it extremely difficult to make the massive leap that I may be facing harassment charges as you suggest with no knowledge whatsoever of the circumstances for merely seeking enforcement through his CO and take the opportunity to notify him of the behaviour of thier officer which has breached many aspects of military law.
One of the key principles of the Military code is 'integrity' - do you think that the Defendant'' behaviour is that of a person with integrity?? I know that if I were a soldier in a combat situation, I would want to be alongside a colleague who would have my back, not a narcissistic person with no morality.

With regards to the lack of payment from the Defendant. I will enforce it by any means necessary and I am also taking further actions to ensure that he does face the consequences of his actions and made to realise that his behaviour is not acceptable.

[Guest]

Some HELPFUL advice on the next steps would be welcome please

[R0b]

I did in fact read your initial post and also the posts after that although I did skim read the last half a dozen. I do not doubt what you have been through in terms of the background given but you seem to be clouding that and your civil claim against the defendant.

I read your post as though you are going to tell his CO about his behaviour for failing to make full payment on time which, quite frankly, has absolutely nothing to do with his CO or his job. By all means, pursue any criminal activity but I can't see how that is relevant to your claim irrespective of what action may be taken in terms of the background to all of this, that doesn't stop the defendant taking civil action against you choose to take it upon yourself and start contacting his CO about the CCJ. I don't know whether you are contacting his CO on a regular basis or if this is going to be the first time you mentioned it, but either way, you are free to do as you please. I made my own view of things and if you don't like it, tough luck, it's an open forum.

Clearly your last post suggests that you didn't read mine in full because if you had done so, I actually referred you to the .Gov website on how exceptional legal aid funding works. I also gave my view that what you are asking for is unlikely to fall into that bracket, but if you want confirmation of that you need to speak to a law firm that is able to give you the answer. I'm not sure if you either didn't like the answer or chose to gloss over it in the hope of someone giving you the answer you want.

Whatever the outcome, good luck and I will remove myself from your thread moving forward as well as any other you might post in the future.

[Guest]

I did in fact read your initial post and also the posts after that although I did skim read the last half a dozen. I do not doubt what you have been through in terms of the background given but you seem to be clouding that and your civil claim against the defendant.

I read your post as though you are going to tell his CO about his behaviour for failing to make full payment on time which, quite frankly, has absolutely nothing to do with his CO or his job. By all means, pursue any criminal activity but I can't see how that is relevant to your claim irrespective of what action may be taken in terms of the background to all of this, that doesn't stop the defendant taking civil action against you choose to take it upon yourself and start contacting his CO about the CCJ. I don't know whether you are contacting his CO on a regular basis or if this is going to be the first time you mentioned it, but either way, you are free to do as you please. I made my own view of things and if you don't like it, tough luck, it's an open forum.

Clearly your last post suggests that you didn't read mine in full because if you had done so, I actually referred you to the .Gov website on how exceptional legal aid funding works. I also gave my view that what you are asking for is unlikely to fall into that bracket, but if you want confirmation of that you need to speak to a law firm that is able to give you the answer. I'm not sure if you either didn't like the answer or chose to gloss over it in the hope of someone giving you the answer you want.

Whatever the outcome, good luck and I will remove myself from your thread moving forward as well as any other you might post in the future.

I actually find your post and your comments extremely patronising not to mention unhelpful.

As a litigant in person, I managed reasonably well a very difficult case with absolutely zero prior legal knowledge. As I stated previously, I was compliant at every single step, I met every deadline and followed up with orders to the court for disclosure or to get the Defendant's witness statement etc .struck out. I did everything that I should have done and made some extremely difficult decisions all with no legal representation......
Therefore I think I am perfectly capable of assessing whether or not to contact the Defendant's CO should I decide to do so. He has behaved abhorrently and broken the law - why shouldn't he be punished appropriately??

I am also perfectly capable of finding out about the process and rules that apply to exceptional case funding, I merely wanted an objective view of the wording of my application (above) and whether I should make any changes to it?
However it appears that you are incapable of making an objective or helpful post because you are too clouded about doing the ''right' thing.

I appreciate that you have removed yourself from my post. You offered nothing constructive to my next steps and simply made my focus waver temporarily.

[Guest]

Here are my grounds for appeal document. I have set it outt in exactly the same format as I did the witness statement with the names, claim number and court name etc at the top along with the words: - XXXX XXXXX [My name} Grounds for Appeal'. I hope this is right??

Your thoughts wwould be welcome??

I XXXXX XXXXX of XXXXX XXXXXXX XXXXXXXX am the Appellant in these proceedings.
I make this statement in support of my appeal against the orders made by Deputy District Judge XXXXXXX on the XXXX XXXXX 2019. I make this statement from facts and information to my own knowledge which I believe to be true.

1. Deputy District Judge XXXXXX failed to apply the CPR guidelines correctly and made momentous errors in his deliberation. He failed to demonstrate any understanding of the sensitive issues involved or the trauma that the Appellant had to endure because of the actions of the Respondent. His judgment was procedurally inaccurate, failed to apply the CPR rules effectively, or adhere to them at all and lacked logic.


2. The Respondent failed to verify his witness statement with a statement of truth. It was non-compliant and inconsistent throughout. It contained defamatory and vexatious statements which the Respondent failed to substantiate. Pursuant to CPR 32.8 A witness statement must comply with the requirements set out in Practice Direction 32. Part 22.1(c) of the CPR Requires a witness statement to be verified by a statement of truth.
The Respondent’s failure to verify his witness statement, his non-compliance and deceitful, defamatory statements were highlighted in the Appellant’s witness statement. They were also brought to the attention of Deputy District Judge XXXXX during the final hearing on the 30^th January 2019. CPR part 22.1(4)(b) states that if an applicant wishes to rely on matters set out in his application notice as evidence, the application notice/witness statement must be verified by a statement of truth.

3. In a recent High Court dispute involving Capita Pension Trustees and another v Sedgwick Financial Services and others, Master Shuman states: -

“unless it is a matter of extreme urgency, I would expect such applications to be made by application notice and supported by evidence. When I say evidence, I am referring to a witness statement signed with a statement of truth, not a raft of correspondence sent in piecemeal fashion to the court”


4. The actions, or lack thereof, by the Respondent have been exactly as described by Master Shuman above. None of the information submitted by the Respondent was supported by any credible evidence whatsoever. The Appellant outlined the repeated failures of the Respondent to comply with the CPR guidelines, and his uncooperative behaviour throughout the process. A request for an ‘unless order’ was made to the court for the Respondent to disclose information to demonstrate that he was dishonest, but this was refused by the court? However, despite the Respondent’s continual contempt for the Court and for the Appellant, he was allowed to make a mockery of both and in doing so, the overriding objective was not met.
In concurrence with the statement by Master Shuman above, none of the material that the Respondent presented to the court in a ‘piecemeal fashion’ was supported by evidence. Why was this ‘evidence’ allowed? This is a reprehensible failure of procedure. The Appellant adhered to the CPR guidelines at every stage, despite being a litigant in person. Why was the Respondent not held to the same rules?



5. A parallel can be drawn from the case law example involving Su Ling v Goldman Sach International (2015) EWHC 759 (comm) which specified that ‘The absence of a proper explanation for delay, will often, without more, lead to the application to amend being refused’. In compliance with this analogy and in acquiescence with the criticisms levied at Denton’s by Master Shuman [above] why were repeated applications by the Respondent allowed? Especially, as highlighted by the Appellant repeatedly, he had little prospect of successfully defending the claim [which is why he used dishonest means and committed perjury to yield greater prospects of success]
The documents that the Respondent produced were wholly unpersuasive and lacked credibility. There is nothing to indicate that the Respondent had ‘Reasonable prospects of success’ or that by allowing him further time or applications would make any difference whatsoever to the outcome. So why were these errors and the unjust judgement permitted. The Respondent has a duty to assist the court to meet the ‘overriding objective which was not only not met, it was completely contravened.


6. Part (b) of CPR guideline 21.4 specifies in the case of a witness statement, the maker believes that the facts stated in the document are true. Therefore, how has Deputy District Judge Fraser come to the [incorrect] conclusion that the information contained within the Respondent’s witness statement were honest? This fails to meet the 'Overriding Objective' and denies the Appellant’s right to a 'fair and equal' trial. The witness statement should have been struck-out in accordance with CPR guideline 22.3.



7. Did the Respondent fail to verify the witness statement because he was mindful that the statements contained within were false and in doing so, he would be committing contempt/perjury?
This appears to be a logical inference to draw, the CPR guidelines are clear on the submission of witness statements and the consequences of failing to comply or verify. What is the purpose of the guidelines if they are not adhered to?
Again the Appellant ponders how Deputy District Judge XXXXXXXX could make the assumption that any of the statements in an unverified document with a lack of evidence to support any of the claims the Respondent was making could be honest? The reality is that the witness statement was a non-compliant document crammed full of contemptable, dishonest claims, including an outrageous one to attempt to justify the Respondents abhorrent behaviour and his threat of sexual assault of the Appellant.

8. As a litigant in person, the process is difficult and stressful. However, the Appellant was compliant throughout the entire process. All evidence was compiled and presented to the court in the proper format and all deadlines were adhered to. The Respondent’s behaviour has been unreasonable at every stage. He consistently and deliberately chose not to reply to correspondence. The particulars of claim form [N1] was issued on the 2st March 2018, the first contact that the Respondent made with the court was 11^th June 2018. He refused mediation, failed to respond to the Claimant’s ‘without prejudice’ reasonable offer to settle the claim and he made the entire process considerably as difficult as he possibly could. He also committed perjury which was allowed by the court. This is a despicable failure of the ‘justice system’.

9. Despite the unreasonable behaviour of the Respondent, Deputy District Judge XXXXX refused to allow ‘costs’ presented to him by the Appellant’s solicitor. The costs summary was £XXXX which included the cost of the solicitor to represent the Appellant at the hearing, legal expenses for advice sought from a solicitor and travel expenses to/from the court. District Judge XXXXX stated that “costs are not granted on the small claims track”. However, pursuant to CPR 27.14(2) ‘The court may not order a party to pay a sum to another party in respect of the other party’s costs, fees and expenses, including those relating to an appeal, except –
(d) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing

(g) Such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably

And part (3) of the guidelines set out under part 27.14 states that; A party’s rejection of an offer in settlement will not of itself constitute unreasonable behaviour, under paragraph (2)(g) but the court may take it into consideration when applying the unreasonableness test.

10. It is fundamental to consider that a duty is imposed on involuntary Bailee’s in that they should do what is ‘right and reasonable’ in all the circumstances [Elvin & Powell Ltd v Plummer Roddis Ltd, 1933]
The Respondent did not behave in a manner which is ‘right and reasonable’ at any stage, either prior to the Appellant being forced to flee the property, thereafter, or throughout the court process.


11. The Appellant requests that the Judgement of £70.00 obtained against her for the Respondent is removed/set-aside. This is indicative of the lack of application of the CPR guidelines by Deputy District Judge XXXXXX and lack of recognition of what the Appellant had endured as a result of the Respondent’s unreasonable behaviour and actions. This Judgement was a result of the Respondent’s spurious counter-claim which was solely for the purpose of mitigating his loses against the claim and should have been struck out along with all of the other non-verified and non-compliant documentation.
The Respondent stated that this was the cost of having two locks changed at the property [front and rear] This was unnecessary and the Appellant should not be penalised for it. The Appellant did not have the key to the rear of the property, the Respondent was aware of this. When the Appellant fled the property, she did so quickly and went to a women’s refuge which was some 35+ miles away. The Respondent was aware that the Appellant did not have access to a vehicle. The Appellant telephoned the Police and fled from the property in fear following despicable, abusive threats from the Respondent. She was frightened and feared for her safety as any reasonable person threatened with sexual assault would be. Why would she return and place herself in immense danger? Medical evidence submitted with this Appellants notice also demonstrates that the Appellant visited her GP as she was suffering very severe, acute back pain causing mobility issues. The Respondent was aware of this as the Appellant had informed him via message that she was unable to collect her belongings at that time due to a reoccurrence of her ongoing back injury.

12. When the Appellant’s solicitor requested that costs be paid as a result of the unreasonable behaviour of the Respondent, Deputy District Judge XXXXX stated that “The Claimant [Appellant] could have represented herself”. Whilst this may be partially correct. It demonstrates little understanding or recognition of how demanding and challenging the case was and how anxious the Appellant was in light of the behaviour of the Respondent.
Additionally, the Appellant suffered a bereavement a just a few weeks prior to the hearing which was extremely distressing. The Appellant’s maternal Grandmother [brought-up the Appellant in the absence of her own mother] passed away. This was colossally distressing and caused the Appellant to lose focus. The [incorrect] assumption by Deputy District Judge Fraser that the ‘Claimant could have represented herself’ shows no recognition of the fears and issues the Appellant was tackling or that she was alongside a Defendant that had been offensive, abusive, threatened her with sexual assault and caused her to flee her home.


13. The Appellant is aware of the deadline for submitting an appeal is 21 days from the date of the judgement. The Appellant respectfully requests that an extension to this time is allowed due to extenuating circumstances? The court process and final hearing were tremendously difficult and caused significant anxiety for the Appellant. The Appellant had to focus on ‘dealing’ with the grief of losing a dearly, much loved family member and the funeral which was on the XXXXX February 2019 [Evidence attached] and afterwards to attempt to recover from the adversity that she faced before re-focusing on a very arduous and emotive appeal and harassment claim.

I hope that the court will recognise that this has been a very anxious period for the Appellant, allow the extension and this genuine appeal to move forward to enable the Appellant to challenge these incorrect and unjust judgements and decisions.



Statement of Truth


I believe that the facts stated in this grounds of appeal statement are true.

Dated this day: 25^th February 2019

To the court and
to the Respondent

............................................... XXXXX XXXXXX Appellant

[pt2537]

Here are my grounds for appeal document. I have set it outt in exactly the same format as I did the witness statement with the names, claim number and court name etc at the top along with the words: - XXXX XXXXX [My name} Grounds for Appeal'. I hope this is right??

Your thoughts wwould be welcome??

I XXXXX XXXXX of XXXXX XXXXXXX XXXXXXXX am the Appellant in these proceedings.
I make this statement in support of my appeal against the orders made by Deputy District Judge XXXXXXX on the XXXX XXXXX 2019. I make this statement from facts and information to my own knowledge which I believe to be true.

1. Deputy District Judge XXXXXX failed to apply the CPR guidelines correctly and made momentous errors in his deliberation. He failed to demonstrate any understanding of the sensitive issues involved or the trauma that the Appellant had to endure because of the actions of the Respondent. His judgment was procedurally inaccurate, failed to apply the CPR rules effectively, or adhere to them at all and lacked logic.


2. The Respondent failed to verify his witness statement with a statement of truth. It was non-compliant and inconsistent throughout. It contained defamatory and vexatious statements which the Respondent failed to substantiate. Pursuant to CPR 32.8 A witness statement must comply with the requirements set out in Practice Direction 32. Part 22.1(c) of the CPR Requires a witness statement to be verified by a statement of truth.
The Respondent’s failure to verify his witness statement, his non-compliance and deceitful, defamatory statements were highlighted in the Appellant’s witness statement. They were also brought to the attention of Deputy District Judge XXXXX during the final hearing on the 30^th January 2019. CPR part 22.1(4)(b) states that if an applicant wishes to rely on matters set out in his application notice as evidence, the application notice/witness statement must be verified by a statement of truth.

3. In a recent High Court dispute involving Capita Pension Trustees and another v Sedgwick Financial Services and others, Master Shuman states: -

“unless it is a matter of extreme urgency, I would expect such applications to be made by application notice and supported by evidence. When I say evidence, I am referring to a witness statement signed with a statement of truth, not a raft of correspondence sent in piecemeal fashion to the court”


4. The actions, or lack thereof, by the Respondent have been exactly as described by Master Shuman above. None of the information submitted by the Respondent was supported by any credible evidence whatsoever. The Appellant outlined the repeated failures of the Respondent to comply with the CPR guidelines, and his uncooperative behaviour throughout the process. A request for an ‘unless order’ was made to the court for the Respondent to disclose information to demonstrate that he was dishonest, but this was refused by the court? However, despite the Respondent’s continual contempt for the Court and for the Appellant, he was allowed to make a mockery of both and in doing so, the overriding objective was not met.
In concurrence with the statement by Master Shuman above, none of the material that the Respondent presented to the court in a ‘piecemeal fashion’ was supported by evidence. Why was this ‘evidence’ allowed? This is a reprehensible failure of procedure. The Appellant adhered to the CPR guidelines at every stage, despite being a litigant in person. Why was the Respondent not held to the same rules?



5. A parallel can be drawn from the case law example involving Su Ling v Goldman Sach International (2015) EWHC 759 (comm) which specified that ‘The absence of a proper explanation for delay, will often, without more, lead to the application to amend being refused’. In compliance with this analogy and in acquiescence with the criticisms levied at Denton’s by Master Shuman [above] why were repeated applications by the Respondent allowed? Especially, as highlighted by the Appellant repeatedly, he had little prospect of successfully defending the claim [which is why he used dishonest means and committed perjury to yield greater prospects of success]
The documents that the Respondent produced were wholly unpersuasive and lacked credibility. There is nothing to indicate that the Respondent had ‘Reasonable prospects of success’ or that by allowing him further time or applications would make any difference whatsoever to the outcome. So why were these errors and the unjust judgement permitted. The Respondent has a duty to assist the court to meet the ‘overriding objective which was not only not met, it was completely contravened.


6. Part (b) of CPR guideline 21.4 specifies in the case of a witness statement, the maker believes that the facts stated in the document are true. Therefore, how has Deputy District Judge Fraser come to the [incorrect] conclusion that the information contained within the Respondent’s witness statement were honest? This fails to meet the 'Overriding Objective' and denies the Appellant’s right to a 'fair and equal' trial. The witness statement should have been struck-out in accordance with CPR guideline 22.3.



7. Did the Respondent fail to verify the witness statement because he was mindful that the statements contained within were false and in doing so, he would be committing contempt/perjury?
This appears to be a logical inference to draw, the CPR guidelines are clear on the submission of witness statements and the consequences of failing to comply or verify. What is the purpose of the guidelines if they are not adhered to?
Again the Appellant ponders how Deputy District Judge XXXXXXXX could make the assumption that any of the statements in an unverified document with a lack of evidence to support any of the claims the Respondent was making could be honest? The reality is that the witness statement was a non-compliant document crammed full of contemptable, dishonest claims, including an outrageous one to attempt to justify the Respondents abhorrent behaviour and his threat of sexual assault of the Appellant.

8. As a litigant in person, the process is difficult and stressful. However, the Appellant was compliant throughout the entire process. All evidence was compiled and presented to the court in the proper format and all deadlines were adhered to. The Respondent’s behaviour has been unreasonable at every stage. He consistently and deliberately chose not to reply to correspondence. The particulars of claim form [N1] was issued on the 2st March 2018, the first contact that the Respondent made with the court was 11^th June 2018. He refused mediation, failed to respond to the Claimant’s ‘without prejudice’ reasonable offer to settle the claim and he made the entire process considerably as difficult as he possibly could. He also committed perjury which was allowed by the court. This is a despicable failure of the ‘justice system’.

9. Despite the unreasonable behaviour of the Respondent, Deputy District Judge XXXXX refused to allow ‘costs’ presented to him by the Appellant’s solicitor. The costs summary was £XXXX which included the cost of the solicitor to represent the Appellant at the hearing, legal expenses for advice sought from a solicitor and travel expenses to/from the court. District Judge XXXXX stated that “costs are not granted on the small claims track”. However, pursuant to CPR 27.14(2) ‘The court may not order a party to pay a sum to another party in respect of the other party’s costs, fees and expenses, including those relating to an appeal, except –
(d) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing

(g) Such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably

And part (3) of the guidelines set out under part 27.14 states that; A party’s rejection of an offer in settlement will not of itself constitute unreasonable behaviour, under paragraph (2)(g) but the court may take it into consideration when applying the unreasonableness test.

10. It is fundamental to consider that a duty is imposed on involuntary Bailee’s in that they should do what is ‘right and reasonable’ in all the circumstances [Elvin & Powell Ltd v Plummer Roddis Ltd, 1933]
The Respondent did not behave in a manner which is ‘right and reasonable’ at any stage, either prior to the Appellant being forced to flee the property, thereafter, or throughout the court process.


11. The Appellant requests that the Judgement of £70.00 obtained against her for the Respondent is removed/set-aside. This is indicative of the lack of application of the CPR guidelines by Deputy District Judge XXXXXX and lack of recognition of what the Appellant had endured as a result of the Respondent’s unreasonable behaviour and actions. This Judgement was a result of the Respondent’s spurious counter-claim which was solely for the purpose of mitigating his loses against the claim and should have been struck out along with all of the other non-verified and non-compliant documentation.
The Respondent stated that this was the cost of having two locks changed at the property [front and rear] This was unnecessary and the Appellant should not be penalised for it. The Appellant did not have the key to the rear of the property, the Respondent was aware of this. When the Appellant fled the property, she did so quickly and went to a women’s refuge which was some 35+ miles away. The Respondent was aware that the Appellant did not have access to a vehicle. The Appellant telephoned the Police and fled from the property in fear following despicable, abusive threats from the Respondent. She was frightened and feared for her safety as any reasonable person threatened with sexual assault would be. Why would she return and place herself in immense danger? Medical evidence submitted with this Appellants notice also demonstrates that the Appellant visited her GP as she was suffering very severe, acute back pain causing mobility issues. The Respondent was aware of this as the Appellant had informed him via message that she was unable to collect her belongings at that time due to a reoccurrence of her ongoing back injury.

12. When the Appellant’s solicitor requested that costs be paid as a result of the unreasonable behaviour of the Respondent, Deputy District Judge XXXXX stated that “The Claimant [Appellant] could have represented herself”. Whilst this may be partially correct. It demonstrates little understanding or recognition of how demanding and challenging the case was and how anxious the Appellant was in light of the behaviour of the Respondent.
Additionally, the Appellant suffered a bereavement a just a few weeks prior to the hearing which was extremely distressing. The Appellant’s maternal Grandmother [brought-up the Appellant in the absence of her own mother] passed away. This was colossally distressing and caused the Appellant to lose focus. The [incorrect] assumption by Deputy District Judge Fraser that the ‘Claimant could have represented herself’ shows no recognition of the fears and issues the Appellant was tackling or that she was alongside a Defendant that had been offensive, abusive, threatened her with sexual assault and caused her to flee her home.


13. The Appellant is aware of the deadline for submitting an appeal is 21 days from the date of the judgement. The Appellant respectfully requests that an extension to this time is allowed due to extenuating circumstances? The court process and final hearing were tremendously difficult and caused significant anxiety for the Appellant. The Appellant had to focus on ‘dealing’ with the grief of losing a dearly, much loved family member and the funeral which was on the XXXXX February 2019 [Evidence attached] and afterwards to attempt to recover from the adversity that she faced before re-focusing on a very arduous and emotive appeal and harassment claim.

I hope that the court will recognise that this has been a very anxious period for the Appellant, allow the extension and this genuine appeal to move forward to enable the Appellant to challenge these incorrect and unjust judgements and decisions.



Statement of Truth


I believe that the facts stated in this grounds of appeal statement are true.

Dated this day: 25^th February 2019

To the court and
to the Respondent

............................................... XXXXX XXXXXX Appellant

I think you need to redraft your grounds of Appeal. Perhaps have a read of CPR 52, in particular 52.21

[pt2537]

1) an application for an stay in proceedings needs to be made in the appeal notice
2) an application for an extension of time needs to be made on an N244 in normal circumstances.

I also question whether the grounds of appeal are indeed grounds within the scope of CPR 52. However given the response i received last time i am not able to assist with the redrafting of the grounds.

[Guest]

1) an application for an stay in proceedings needs to be made in the appeal notice
2) an application for an extension of time needs to be made on an N244 in normal circumstances.

I also question whether the grounds of appeal are indeed grounds within the scope of CPR 52. However given the response i received last time i am not able to assist with the redrafting of the grounds.

I don't understand the meaning of your post?

I contacted the Civil court where my hearing was and the Civil Appeals Registry, and both stated that an appeal needs to be completed on Form N161?

I have added the above to the form above as there is insufficient room for the above to be placed on the form itself. I hope that is right? But I am a litigant in person trying to pursue an appeal which is far from easy so any help would be appreciated.

[pt2537]

I don't understand the meaning of your post?

I contacted the Civil court where my hearing was and the Civil Appeals Registry, and both stated that an appeal needs to be completed on Form N161?

I have added the above to the form above as there is insufficient room for the above to be placed on the form itself. I hope that is right? But I am a litigant in person trying to pursue an appeal which is far from easy so any help would be appreciated.

The Court is right, but the problem is your grounds of appeal seem to be confused and disjointed.

You dont seem to have a skeleton argument prepared which sets out your submissions on why the judge was wrong along with references to the relevant documents and cases. This should normally be lodged with the appeal notice although you can take up to 14 days where necessary.

The document you have produced there appears to be a blur between a skeleton, grounds of appeal and an application for a stay and for permission to appeal out of time.

The judge reading that is likely to refuse permission to appeal in my view as it would be impossible for the judge to work out what was going on.

[Guest]

I have not received permission to appeal yet so that document goes aongside my FIRST application which is a permission to appeal?? I am already out of the 21 day timeframe - how is a litigant in person supposed to know the procedures and what to submit with what?? I have done my best with the information and the time I have which is very little in terms of time.

[Guest]

Sorry I forgot to add that I am filing the above with the N161 document which I have also filled in?
I think that I have set out the facts and my reasons for wanting to appeal concisely? I wanted constructive critisism, not a complate venomisation of a document complied with no knowledge of how to appeal.