After appeals...

[HarryJackson]

If you lose an appeal of a small claims judgment, is there a next step? i.e. EU court of human rights, etc. No idea myself.

[atticus]

https://www.justice.gov.uk/courts/pr...es/part52#52.7

There is a hierarchy of UK courts, reaching up to the Supreme Court, not that your case will be permitted to get that far..

It is the European Court of Human Rights, not the EU Court. The difference is important, even if Johnson, Farridge and others prefer to muddy the waters.

[Barbelith]

https://www.justice.gov.uk/courts/pr...es/part52#52.7

There is a hierarchy of UK courts, reaching up to the Supreme Court, not that your case will be permitted to get that far..

It is the European Court of Human Rights, not the EU Court. The difference is important, even if Johnson, Farridge and others prefer to muddy the waters.

As soon as the Judge in the court the case was allocated to read the POC, without any hearing or notification of his intention to do so.

[atticus]

Can you please post the order made by that judge.

[Barbelith]

Can you please post the order made by that judge.

Here it is. Yesterday they clarified that 78 days should actually be 7 days.

[atticus]

Save for the typo, that 2nd paragraph is what I was expecting to see.

Have you attempted to act on paragraph 2? If not, are you still within the 78 days stated in that para?

You are, however, being told that the judge considers that your claim showed no legal basis and was doomed to fail. To challenge that, you would need to show that the claim is well founded in law.

[Barbelith]

I know. But could I just start a new claim, and not fall foul of second bite of the cherry? Because applications cost a hell of a lot more than a claim does to start.

[atticus]

I think you have two alternatives. The first is to take the chance and start a new claim. The second is to apply (a) to set aside the order and (b) to amend your claim to cite the correct legal basis.

[Barbelith]

I think you have two alternatives. The first is to take the chance and start a new claim. The second is to apply (a) to set aside the order and (b) to amend your claim to cite the correct legal basis.

I already did the application once, and the Judge said I was out of time, despite the wrongly written order. He stated that the amended order was sent afterwards, and so I was served in time. However, I was on holiday when the second order arrived, so...hardly my fault. Luckily I was not charged for that application.

I would rather restart the claim anew, with the correct legal basis. I have read that it is only considered second bite of the cherry if the first claim was seen as vexatious. I believe that the claim could not be said to have been started correctly the first time as there was no legal basis detailed which would allow it to proceed. Therefore by stating the correct legal basis in a 2nd claim, it can proceed and actually be considered a valid claim. In other words, it can't be a second bite of the cherry as there was never actually a first bite taken.

Does that sound right?

[atticus]

You did not say that you had already applied!

County Court District Judges can be something of a lottery. The judge may say that you have already sued this defendant once for this claim.

But what have you got to lose other than court fees?

[Barbelith]

Thank you Atticus. Might you have any advise how I would argue it is not a second bite?

[JackButler]

Hi all,

Trying to find out:

1) Can you appeal any order or judgement using the appeals circuit?

2) What would be the next step if the appeal was not satisfactory?

Thanks

[JackButler]

Anyone know?