Appeal hearing - confusion

[lisalegal]

I won a County Court case. The defendant has appealed and I have been served General Directions Order papers.

The Judge orders that you and the other parties prepare for appeal as follows:-

The appellant must file on the Court and Mrs X a bundle which must contain all documents upon which either party wishes to rely.

As I am the other party do I have to submit any fresh evidence that supports my original Claim that I won OR is the onus purely on the other side to show the original case is unsafe?

Am I right to assume that this is just an appeal hearing and that if the appeal is granted a new trial will be set where I can then submit my evidence supporting my original claim?

thank you, Lisa

[leclerc]

Re: Appeal hearing - confusion

The Appellant(them) must file on the court and Mrs X a bundle which must contain all documents which either party wishes to rely(that'll be them).

I would have thought you would have submitted evidence already supporting your original claim, right?

[SpringerSpaniel]

Re: Appeal hearing - confusion

It would be best to submit anything you want to use and for thee court to rely on, and to go to the hearing expecting to deal with anything at all to do with the case.

If it is a civil matter, you do not get a re-trial, the appeal replaces the original decision.

[lisalegal]

Re: Appeal hearing - confusion

I submitted my original documents months ago for the original hearing.

I have a lot more new documentation now that supports my original documents and hence supports my case.

Am I right in thinking I should now serve this new supporting documentation on the Appellant and the Court in time for the Appellant to include it in the bundle that THEY have been ordered to submit?

thank you for the very fast help,

Lisa

[SpringerSpaniel]

Re: Appeal hearing - confusion

It is helpful to everyone if you exchange and serve on the court all the documentation which may be relevant, in time that they have plenty of time to read it, and in case the other side then want to change their position eg withdraw the appeal.