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Hello,
I recently won a civil case for approx £7,500.
The defendant is appealing, which I understand os their right.
The court have given them vert=y little time to obtain the court transcript, and also an option to ask to extend the time to obtain this transcript by requesting a time extension, all of which I understand.
The court have also advised they must compile a skeleton argument and then an appeal bundle, all complying with pre defined CPRs.
I get all of this.
What I am unclear on is how the process then flows.
Assuming they win their application to appeal, does this then go back to a trial, and if so who pays the fees, and what points need to be argued or re-argued again, or if they win their appeal
(this is being reviewed without a hearing as we speak), is that the end of the matter, i.e. have they won?
He was not granted permission to appeal at the hearing, hence the application he has submitted.
I know they will ask their barrister (a friend of his) to support him through the process, but assume they will need to present a pretty strong legally based challenge to even get a judge to consider the application.
I have seen the basics of the defendants application;
(1) That his barrister was busy on the day of the hearing and the defendant didn't know what he was doing, claiming to be overwhelmed by being in court despite having been in court 4 times with me alone and having other civil (CCJs) against him, which doesn't seem like a valid reason for an appeal to me.
(2) That he is suggesting that my own credibility issues that he has implied (but never supported throughout this case which has been ongoing for 1.5 years, and despite him stating he has evidence which he very clearly doesn't as it has never been presented and was not included in DD), should be considered, despite still not providing this "evidence" to support his position
(3) That an administration error (despite this already being proven to be false) was the reason he incorrectly named his company. Basically my claim has been won against the defendant personally, despite him trying to hide behind his directorship, because he knowingly set up a contract with me, using a false company name, thereby rendering himself personally liable for his "companies" debts. He claims he "accidentally" added a 2nd Ltd on the end of the name of his company (Ltd Ltd), and then went on to say that when he realised this, he checked with Companies House and they said it was fine to have Ltd Ltd on the end of your company name, which indeed it is. However he set up his contract with me with just "Ltd" on the end, thereby establishing a "contract" with me with the name of a company that was not registered with Companies House. Now this is also despite the fact that the defendant had previously submitted 2 x CS01 to Companies House confirming the name of his company as being Ltd Ltd, and despite the fact that he confirmed with Companies House that he knew the actual company name was Ltd Ltd , but never corrected it to just Ltd, which was of course his choice if he chose to do so. Bottom line is he should have established his contract with me under the Ltd Ltd company name, but didn't and thereby rendered his contract invalid. Now there are other details, i.e. a clause within his own contract that stated that if the contract was not set up using the same name as the headed paper name (it wasn't), then the contract was invalid, plus other points, like an invalid cancellation clause etc, so the complete contract wasn't worth the paper it was written on, but despite these other issues, the judge ruled that, because he had previously set up 3 other companies (over years before this Ltd Ltd company was established) without having made this apparent administration error, he did not believe that the defendant could or would have made this "mistake", and that even if he had, he had had 2 years to correct it if he was not happy with the name Ltd Ltd yet he never did (and a note worthy comment - he still hasn't), and then created a contract using a non existent company name.
This guy is a serial fraudster, so that must be born in mind and having seen how he ripped off 15 other couples, I know full well why he has done this. Basically it's a game for him, and the game is "smoke and mirrors". If you raise a claim against the name of the company that doesn't exist, when it comes to a hearing his argument is that you can't possibly be claiming against me as the director of Ltd, because "ltd" doesn't exist, and he would be right. He would then argue that his company is called Ltd Ltd, so if you then took out a case against Ltd Ltd, he would correctly argue he was the director of a valid Ltd company called Ltd Ltd, and then hide behind his directorship. Either way you can't win, unless you can catch him out with his pre-determined games as I have done, and I have managed to hold him personally liable.
I hope the appeal will be dismissed to draw this painful process to a close, but as mentioned I am not sure if this goes back to a trial if he is granted his appeal, and or if I can object to his appeal if the first place?
Any help much appreciated
I recently won a civil case for approx £7,500.
The defendant is appealing, which I understand os their right.
The court have given them vert=y little time to obtain the court transcript, and also an option to ask to extend the time to obtain this transcript by requesting a time extension, all of which I understand.
The court have also advised they must compile a skeleton argument and then an appeal bundle, all complying with pre defined CPRs.
I get all of this.
What I am unclear on is how the process then flows.
Assuming they win their application to appeal, does this then go back to a trial, and if so who pays the fees, and what points need to be argued or re-argued again, or if they win their appeal
(this is being reviewed without a hearing as we speak), is that the end of the matter, i.e. have they won?
He was not granted permission to appeal at the hearing, hence the application he has submitted.
I know they will ask their barrister (a friend of his) to support him through the process, but assume they will need to present a pretty strong legally based challenge to even get a judge to consider the application.
I have seen the basics of the defendants application;
(1) That his barrister was busy on the day of the hearing and the defendant didn't know what he was doing, claiming to be overwhelmed by being in court despite having been in court 4 times with me alone and having other civil (CCJs) against him, which doesn't seem like a valid reason for an appeal to me.
(2) That he is suggesting that my own credibility issues that he has implied (but never supported throughout this case which has been ongoing for 1.5 years, and despite him stating he has evidence which he very clearly doesn't as it has never been presented and was not included in DD), should be considered, despite still not providing this "evidence" to support his position
(3) That an administration error (despite this already being proven to be false) was the reason he incorrectly named his company. Basically my claim has been won against the defendant personally, despite him trying to hide behind his directorship, because he knowingly set up a contract with me, using a false company name, thereby rendering himself personally liable for his "companies" debts. He claims he "accidentally" added a 2nd Ltd on the end of the name of his company (Ltd Ltd), and then went on to say that when he realised this, he checked with Companies House and they said it was fine to have Ltd Ltd on the end of your company name, which indeed it is. However he set up his contract with me with just "Ltd" on the end, thereby establishing a "contract" with me with the name of a company that was not registered with Companies House. Now this is also despite the fact that the defendant had previously submitted 2 x CS01 to Companies House confirming the name of his company as being Ltd Ltd, and despite the fact that he confirmed with Companies House that he knew the actual company name was Ltd Ltd , but never corrected it to just Ltd, which was of course his choice if he chose to do so. Bottom line is he should have established his contract with me under the Ltd Ltd company name, but didn't and thereby rendered his contract invalid. Now there are other details, i.e. a clause within his own contract that stated that if the contract was not set up using the same name as the headed paper name (it wasn't), then the contract was invalid, plus other points, like an invalid cancellation clause etc, so the complete contract wasn't worth the paper it was written on, but despite these other issues, the judge ruled that, because he had previously set up 3 other companies (over years before this Ltd Ltd company was established) without having made this apparent administration error, he did not believe that the defendant could or would have made this "mistake", and that even if he had, he had had 2 years to correct it if he was not happy with the name Ltd Ltd yet he never did (and a note worthy comment - he still hasn't), and then created a contract using a non existent company name.
This guy is a serial fraudster, so that must be born in mind and having seen how he ripped off 15 other couples, I know full well why he has done this. Basically it's a game for him, and the game is "smoke and mirrors". If you raise a claim against the name of the company that doesn't exist, when it comes to a hearing his argument is that you can't possibly be claiming against me as the director of Ltd, because "ltd" doesn't exist, and he would be right. He would then argue that his company is called Ltd Ltd, so if you then took out a case against Ltd Ltd, he would correctly argue he was the director of a valid Ltd company called Ltd Ltd, and then hide behind his directorship. Either way you can't win, unless you can catch him out with his pre-determined games as I have done, and I have managed to hold him personally liable.
I hope the appeal will be dismissed to draw this painful process to a close, but as mentioned I am not sure if this goes back to a trial if he is granted his appeal, and or if I can object to his appeal if the first place?
Any help much appreciated
