• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Small Claim Appeal of Judgment

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Small Claim Appeal of Judgment

    Hello

    I desperately need help to complete an appeal to a Small Claim judgement made on 13/06/22.

    Should have been a video link hearing as I had been requesting via email since 14/03/22.

    Was passed to a judge on 24/05/22, rang court Admin on 27/05/22 to confirm was changed to video link and to post for further instructions, which I never received.

    Due to misinformation, I rang on a few more occasions last call on 10/06/22, Admin rang through to court itself, then said it was still face to face on 13/06/22.

    I have PTSD, was ill prepared, Judge was not versed with my witness statement and evidence, kept requesting I point him to emails/proof/points so did not receive judgement for total amount I sued for.

    I only have 21 days to file an appeal from 13/06/22.

    Is anyone able to help please? So distressed.
    Tags: None

  • #2
    Being ill-prepared is not a good enough reason to appeal the decision, and I would probably extend that to individuals who suffer from PSTD. Whilst accommodations ought to be made for those representing themselves and those who suffer from mental illnesses (that's assuming you have informed the judge at the time since they are not mind readers), the onus is on you to be fully prepared for your case and walk the judge through your arguments and evidence.

    It is not the role of the judge to wade through your evidence and expect to know or understand your case and even if the judge had time to review your statement and evidence, the fact that the judge was asking you to point to your evidence suggests to me that the judge was looking for you to back up your claims. No evidence / persuasive arguments tied to the law = no payment.

    So if that's what you are relying on to appeal, I don't think you've got much of a chance if any. If you want to appeal the decision for a video link I don't think that will go far either because it sounds like you haven't followed the correct process in any event. The rules say that if you want to change the method of the hearing you need to make a formal applicatin with the appropriate fee. The court is not required to consider informal applications but whatever happened, there was clearly some miscommunication, I just don't think it would affect the outcome based on what you've described.

    What reasons do you think the court should hear your appeal?
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Thank yob for a prompt reply.

      Court Admin advised I email to request special arrangements for a video link hearing, which I also did before when there had been a preliminary hearing (forced due to ex-partner the defendant stating 'no' for mediation on questionnaire).

      The preliminary hearing should have been undertaken 21/12/2021, I'd sent email for it to be amended, the hearing was postponed a day before and rescheduled via BT Meet Me to 08/03/22.

      I received an email 19/04/2022 to complete a N244 form which was irrelevant, used to stop an enforcement process for housing evictions.

      When I rang again, they said need to continue requesting via email.

      I have a transcript of preliminary hearing where the Judge said on 08/03:22, "if it is rather strange that somebody would invest 5000 pounds and on the basis of that being non-refundable and then invest a further 5000 pounds as a loan, it makes more sense for both to have been a loan and so whilst itís not straight forward it does carry risks on both sides and given the risks involved... "

      I had a volunteer sitting with myself during the final hearing who was disallowed to speak but made notes. She said to appeal on procedural grounds and sent a word document giving reasons (she helps via Chairty with paperwork).

      I cannot afford legal help, so tried to obtain advice for free as am mentally unable to deal with face to face questioning, this was pointed out in numerous occasions to court via emails and phone.

      Surely this is extenuating circumstances, also I am a DV victim, supported by a specialist who helped relocation, but also women's aid,police have been involved. It is not straight forward with ex, but I was not allowed to mention vital information in relation to delays in being considerate for payments to be made E.g
      ​​​​​
      ​​​​​​.. Ex separated from wife, I wrote a letter of support for CPS

      Plus despite email evidence judge questioned an email address that mentioned amounts to be paid and that the next payment would be £500 end of January, I did receive a payment on 27/01/2017. Its not a coincidence, but I'm looking at it now, as I was unable to respond during the hearing, uming and erring with high anxiety.

      If there is a format at least that I can follow for the appeal to complete the form, maybe I can write points.

      But I was seeking justice as for 5 years ex kept blackmailing to conform to his conditions in order for the remaining loan to be paid, which I had enough of hence why filed small claim.

      Comment


      • #4
        Originally posted by R0b View Post
        Being ill-prepared is not a good enough reason to appeal the decision, and I would probably extend that to individuals who suffer from PSTD. Whilst accommodations ought to be made for those representing themselves and those who suffer from mental illnesses (that's assuming you have informed the judge at the time since they are not mind readers), the onus is on you to be fully prepared for your case and walk the judge through your arguments and evidence.

        It is not the role of the judge to wade through your evidence and expect to know or understand your case and even if the judge had time to review your statement and evidence, the fact that the judge was asking you to point to your evidence suggests to me that the judge was looking for you to back up your claims. No evidence / persuasive arguments tied to the law = no payment.

        So if that's what you are relying on to appeal, I don't think you've got much of a chance if any. If you want to appeal the decision for a video link I don't think that will go far either because it sounds like you haven't followed the correct process in any event. The rules say that if you want to change the method of the hearing you need to make a formal applicatin with the appropriate fee. The court is not required to consider informal applications but whatever happened, there was clearly some miscommunication, I just don't think it would affect the outcome based on what you've described.

        What reasons do you think the court should hear your appeal?
        Thank you for a prompt reply.

        Court Admin advised I email to request special arrangements for a video link hearing, which I also did before when there had been a preliminary hearing (forced due to ex-partner the defendant stating 'no' for mediation on questionnaire).

        The preliminary hearing should have been undertaken 21/12/2021, I'd sent email for it to be amended, the hearing was postponed a day before and rescheduled via BT Meet Me to 08/03/22.

        I received an email 19/04/2022 to complete a N244 form which was irrelevant, used to stop an enforcement process for housing evictions.

        When I rang again, they said need to continue requesting via email.

        I have a transcript of preliminary hearing where the Judge said on 08/03:22, "if it is rather strange that somebody would invest 5000 pounds and on the basis of that being non-refundable and then invest a further 5000 pounds as a loan, it makes more sense for both to have been a loan and so whilst itís not straight forward it does carry risks on both sides and given the risks involved... "

        I had a volunteer sitting with myself during the final hearing who was disallowed to speak but made notes. She said to appeal on procedural grounds and sent a word document giving reasons (she helps via Charity with paperwork).

        I cannot afford legal help, so tried to obtain advice for free as am mentally unable to deal with face to face questioning, this was pointed out in numerous occasions to court via emails and phone.

        Surely this is extenuating circumstances, also I am a DV victim, supported by a specialist who helped relocation, but also women's aid, police have been involved. It is not straight forward with ex, but I was not allowed to mention vital information in relation to delays in being considerate for payments to be made E.g.
        ​​​​​
        ​​​​​​.. Ex separated from wife, I wrote a letter of support for CPS

        Plus despite email evidence judge questioned an email address that mentioned amounts to be paid and that the next payment would be £500 end of January, I did receive a payment on 27/01/2017. Its not a coincidence, but I'm looking at it now, as I was unable to respond during the hearing, uming and erring with high anxiety.

        If there is a format at least that I can follow for the appeal to complete the form, maybe I can write points.

        But I was seeking justice as for 5 years ex kept blackmailing to conform to his conditions in order for the remaining loan to be paid, which I had enough of hence why filed small claim.

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
        Working...
        X