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Appealing a Court order -21 days limit?(permission to appeal confusion ??)?

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  • Appealing a Court order -21 days limit?(permission to appeal confusion ??)?

    When you get a court order, which you want to appeal,

    You have to first apply for permission to appeal.



    You have 21 days from the day the 'order was made' to send in your appeal notice (Form N161)

    and you have to send in your 'reasons' to appeal the order,

    but you can send in the skeleton argument 14 days after you have sent in your appeal notice to the court (which gives more details to why you are appealing)

    So 21 days to send in appeal form
    and 14 days after the appeal form is sent, you can send in your skeleton argument

    ----------------------

    but then the 1st part of sending an appeal form, is applying for permission to appeal, and then the judge gives you permission and then do you have to 'resent' your appeal form, with the reasons you are appealing?

    so you have to send 2 applications,
    1) Permission to appeal (form N161)- within 21 days

    and then after this is granted,

    2) do you have to send another appeal form, with your grounds of appeal,
    and do you have an additional 21 days (after the permission 21 days) to send this skeleton argument form in?

    so 21 days + 21 days, = 42 days to send this skeleton argument and appeal form N161 to the court?

    (lets assume that the permission will be granted)


    so for both parts of the appeal
    (permission to appeal, and then when this is granted, sending in the whole appeal + skeleton argument)

    do you have 2x 21 days? = 42 days? (for mainly the skeleton argument to be sent in ?


    and also can you send your skeleton argument 'afterwards' After the permission has been granted? or the court expect it when you send your 'Grounds of appeal'

    (which is AFTER the permission to appeal has been granted, and sent to the appealants address?)
    Tags: None

  • #2
    Also, if the appeal is granted, then is this appeal looked at by the judge in their own private time, as a solo decision the judge makes
    (without the claimant having to be there in person)

    or this appeal to change the judges decision is done in a 'real oral - face to face' hearing, with the claimant and defendant being there in person?)


    or there is a change the judge can decide this appeal by himself without an oral hearing??
    Last edited by ardvo; 21st July 2016, 19:11:PM.

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    • #3
      Re: Appealing a Court order -21 days limit?(permission to appeal confusion ??)?

      [MENTION=6]Amethyst[/MENTION] [MENTION=2]Celestine[/MENTION] ??
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

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      • #4
        Re: Appealing a Court order -21 days limit?(permission to appeal confusion ??)?

        Do you have a court judgment/Order which you would like to appeal (possibly out of time) or is this a hypothetical question?

        It is possible to appeal "out of time" but it all depends on the specific circumstances.

        If there was a hearing/trial did the Claimant/Defendant ask the DJ for permission to appeal at the time and was that permission refused?

        More details would be helpful.

        Di

        Comment

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