Concealing of Evidence needed to appeal a judgment

[andydub]

I am currently being denied what i believe is evidence that could be successfully used in an appeal because the other party are refusing to disclose the material which would not only undermined their case but it could also influence any appeal that i or have had a right to apply for.

As the other side have failed to disclose the evidence this has meant the time period allowed to initially appeal has now expired because i was unable to present the evidence being concealed.

Giving the circumstances and giving that the other side have prevented me from appealing on the evidence can i supersede the lower courts appeals process and ask the Civil court of appeal to consider an application of appeal.

Any help would be appreciated. THANKS:doggieyes:

[andydub]

Re: Concealing of Evidence needed to appeal a judgment

Further, I have reported that the information that is being concealed is breaching the rights I have to request and be provided with the materiel under the Data Protections Act and I have followed the protocol and reported this to the Information Commissionaires Office who have now advised me that their request for information as to why the personal data has not been provided and within 28 days has also now been ignored.


The other party and I would assume are going to great lengths not to give this evidence and have now refused not only to provide under the DPA but are also fully prepared to ignore the ICO which says a lot.

[des8]

Re: Concealing of Evidence needed to appeal a judgment

Presumably this is a civil case.
Did you apply for a court order to have the evidence (documentation?) disclosed and inspected?

Really need a tad more info if you are to get a response from the knowledgeable

[andydub]

Re: Concealing of Evidence needed to appeal a judgment

Presumably this is a civil case.
Did you apply for a court order to have the evidence (documentation?) disclosed and inspected?

Really need a tad more info if you are to get a response from the knowledgeable

Yes i did make a Court application and made the District Judge who was assigned to the case that providing this information evidence was important and should be considered by the Court, the judge dismissed the application.

[des8]

Re: Concealing of Evidence needed to appeal a judgment

Without knowing ALL the facts it is difficult to comment on a court's refusal to order disclosure.
Was it because of procedual errors, or did the court hold that your request was a fishing exercise or what?
If the court declined your application, are you really hoping that the other party will take notice of the ICO?

[andydub]

Re: Concealing of Evidence needed to appeal a judgment

Without knowing ALL the facts it is difficult to comment on a court's refusal to order disclosure.
Was it because of procedual errors, or did the court hold that your request was a fishing exercise or what?
If the court declined your application, are you really hoping that the other party will take notice of the ICO?

There was no procedural errors and it was not a fishing exercise des8.

The evidence was central to the case and maybe the judge on this occasion was being a bit biased, if i had legal representation im not so sure the judge would have ignored.

As far as the the ICO, i am just following the needed procedures, if the other party want to take notice or not is up-to them, i am just making sure that i follow the correct process.

[andydub]

Re: Concealing of Evidence needed to appeal a judgment

I am currently being denied what i believe is evidence that could be successfully used in an appeal because the other party are refusing to disclose the material which would not only undermined their case but it could also influence any appeal that i or have had a right to apply for.

As the other side have failed to disclose the evidence this has meant the time period allowed to initially appeal has now expired because i was unable to present the evidence being concealed.

Giving the circumstances and giving that the other side have prevented me from appealing on the evidence can i supersede the lower courts appeals process and ask the Civil court of appeal to consider an application of appeal.

Any help would be appreciated. THANKS:doggieyes:

So if evidence is being withheld which means one party cannot appeal because of not being able to rely on the evidence how would the Courts deal with this if a party was being denied the opportunity?

I would have assumed that this most deliberate of attempting to deny the other party justice borders on a criminal act as this is clearly motivated in not securing the ends of justice, any help would be appreciated.

[wales01man]

Re: Concealing of Evidence needed to appeal a judgment

Do you have the evidence to bring up in court for them to confirm or deny its truth?

[andydub]

Re: Concealing of Evidence needed to appeal a judgment

Do you have the evidence to bring up in court for them to confirm or deny its truth?

The evidence that i have obtained
would enable them to be in a position to either deny or confirm the truth and to establish evidence has been concealed.

The otherside maintain and still maintain through their lawyers that the funding used to represent me came from Legal Aid which was never the case as LA have confirmed this so there was no funding and this is what they are refusing to detail any proof of public funding because i would have signed and provided data needed which they cannot provide because this never happened.

The ICO have confirmed this morning that the other-side have now failed to provide them with the information that would show public funding was applied for and granted and a legitimate contract could and would have derived from the initial public funding that was not applied for.

[andydub]

Re: Concealing of Evidence needed to appeal a judgment

Do you have the evidence to bring up in court for them to confirm or deny its truth?

Tryed to thank you for your post wales01man but somehow ended up thanking myself, appologies for that.

[andydub]

Re: Concealing of Evidence needed to appeal a judgment

So if evidence is being withheld which means one party cannot appeal because of not being able to rely on the evidence how would the Courts deal with this if a party was being denied the opportunity?

I would have assumed that this most deliberate of attempting to deny the other party justice borders on a criminal act as this is clearly motivated in not securing the ends of justice, any help would be appreciated.

Any help would be appreciated, the right to appeal being denied because the other party will not provide evidence, is this a normal practice?

[des8]

Re: Concealing of Evidence needed to appeal a judgment

I'm sorry, but I feel we have only sparse information and it is not possible to make constructive comments.
It may help if we had more info about the original case and the court's reasons for not ordering disclosure.

[andydub]

Re: Concealing of Evidence needed to appeal a judgment

Hi des8 and thank you for your reply.

The judge at the original case dismissed my application for the other party to disclose the evidence still being concealed today, the Court also ignored an application that i had previousle made for the other side to provide a notice to admit facts.

In a nutshell any Orders applications that i made to undermined the other parties case was ignored not only by the Court dealing with the original claim but also its judges.

Hope this helps.

[des8]

Re: Concealing of Evidence needed to appeal a judgment

Was no reason given?

[andydub]

Re: Concealing of Evidence needed to appeal a judgment

Was no reason given?

The reason giving by the judge were that this evidence which included proof of contract was not important to the case which clearly and i would assume was and still is des8