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Hi, I'm seeking a little advice to help me complete my N164 application for permission to appeal. I have approached several solicitors, but all they want to do is take over completely and then say their costs will be more than the claim is worth. The dispute has been ongoing for several years. The defendant has deliberately dragged things out, and is succeeding to wear me down but also made me more determined to get justice.
At the final hearing the judge dismissed my claim and I immediately asked for permission to appeal, but the judge told me to seek permission by form. You will see from the grounds for appeal below, what a mess the hearing was. Since then (and before) the court staff have obstructed me in every way, causing me to file a complaint against them. At each level a little more progress was made, but it was not until the third level that anyone actually investigated my complaint, which they upheld and offered me a little compensation. They also arranged that I get to resubmit my application for permission to appeal N164 for a third time, which is where I am at at the moment. When the case is over I will apply to the ombudsman for a more realistic level of compensation and ask for changes to be made to eliminate the malpractices I have suffered.
Since the previous N164 form was submitted, I have received the full hearing transcript, and it confirms things that I didn't hear clearly during the hearing. So I want to take extra care to get my appeal grounds right, as I don't expect to get a further chance. Also I don't want to be adding my own delay to filing this application.
I only have three questions regarding the N164 form.
- Are the grounds for appeal below valid, and if not how should they be improved?
- Is it permitted to ask the appeal court to vary the order from “the claim is dismissed” to “The claim is upheld” or must I ask for a new hearing?
- At what stage should I ask for exemplary damages to be added because of the defendant's hostile conduct of his defence.
Proposed Grounds for Appeal
? Procedural Irregularities
1. The Claimant could not clearly hear the proceedings because the Judge did not facilitate a quiet environment. He declined multiple requests to turn off noisy and unnecessary equipment.
2. The Judge invited the defendant to summarise his defence but gave no opportunity for the Claimant to do likewise.
2a.Consequently the judge did not see the strong chain of evidence which provides a causal link between the defendants statements and the subsequent mechanical damage.
3. The judge interrupted my attempt to correct a deception spoken in court by the defendant.
4. The defendant interfered with the testimony of his witness during the hearing.
? Errors of law.
5. The judge refused to hear my objection, and allowed an amended defence to be introduced without permission, on the last day for service, Contrary to CPR17 & legal precedent;- (Loverage v Healey 2004 EWCA Civ 173, Lord Phillips MR)
6. In his summing up, the judge introduced matters to favour the defendant, that had not been pleaded.
7. The hearing continued to deny me the protection of Civil Procedure Rule 22, and rule 3.4(2)(a) (The defence has no valid “statement of truth” and consists of a bare denial or otherwise sets out no coherent statement of facts.)
