Small Claims case appeal

[Knightsaysni]

I had a hearing two hours long. Submitted a 165 page bundle, and was rushed towards the end by the Judge. Twice.

He then took the case home to consider it, saying himself there was a lot of paperwork to consider.

He handed down his judgment yesterday, and basically he has really not considered all the docs submitted, nor the finer details.

It's a ham-fisted go at it, at best.

I feel like the limitations of the two hour hearing, and being rushed, really made it difficult to make my case properly, and that I have therefore not received a fair trial.

Is there a way to appeal on this basis?

As I said, the Judge rushed me twice, and I even had to send further submissions afterwards as I realised some things were not covered.

The Judge said these were not taken into consideration.

[dslippy]

That is an awful lot of paper to go with a small claim. It does not surprise me that he will not have had chance to go through it all.

[Pezza54]

I thought the limit for a bundle was 60 pages in the small claims track. Claims under £10k can be allocated to the fast claims track if they are too complex or lengthy for the small claims track.

Did you provide an estimate of time for the hearing in the directions questionnaire?

Form N141 to appeal a decision in the small claims track. I don't know whether insufficient time to put your case is grounds for appeal.

[Knightsaysni]

That's what I am trying to find out.

I also made an application before the hearing with more submissions to add, but that did not get accepted. "Was filed too late," per the Judge. Most of it was stuff I accrued after Witness Statements were sent.

[Pezza54]

You could try moving your thread to "Court Claims and Issues"

[Knightsaysni]

You could try moving your thread to "Court Claims and Issues"

I will, but...how?

[des8]

If you are intent on appealing the decision you need to apply for permission on Form N164 (include fee of £120?) (https://assets.publishing.service.go...9/n164-eng.pdf)

It is not possible to guess whether or not the judge made a procedural error in "rushing" you as none of us were present.
The judge probably has a different viewpoint to you.

you cannot produce new evidence at the trial, hence your late submissions were disregarded.

[anyman]

you cannot produce new evidence at the trial, hence your late submissions were disregarded.

Dose Judge not have the right to strike out late submissions?

[des8]

If you wanted to amend your defence you needed to make application for permission of the court on form N244
(CPR 17 might be worth a read)

It doubt it was a case of "strike out" but rather court procedures not followed so submissions ignored!

[anyman]

Can OP just amend what they all ready submitted so to bring up the highlights and most important facts only

[Manxman]

Knightsaysni - This wouldn't be to do with your previous thread about a failed delivery from 2016, would it?

What date would be considered the official breach of contract date? - LegalBeagles Forum

[Knightsaysni]

Knightsaysni - This wouldn't be to do with your previous thread about a failed delivery from 2016, would it?

What date would be considered the official breach of contract date? - LegalBeagles Forum

No

[des8]

Can OP just amend what they all ready submitted so to bring up the highlights and most important facts only

not without the court's permission ..... Read CPR17 (https://www.justice.gov.uk/courts/pr...l/rules/part17)

[Knightsaysni]

The judgement was written afterwards and is being handed down in a hearing this Thursday.

As I understand it, I can either ask for an appeal at this hearing, or I can make an application requesting the appeal AFTER - as long as I make said application within a few weeks?

[des8]

you can request permission to appeal on Thursday (which will probably be denied) and then make application after.