Appeal process

[Toby David]

Hi,
Can anyone shine some light on this question. But first a brief timeline of events. Back in the December of 2015, I successfully defended a claim, the Judgement given in my favour,

The claimant requested permission to appeal at the magistrates Court, but this was not granted.

The claimant voice the intention to approach the Court of appeal.

So now many month later I receive an appellants notice.

Permission has not been grant at this point.

The skeleton argument, will apparently will follow. My question is this.there seems to be conflicting instruction as how to proceed. According to C.P.R. 52 .19 the respondent is encouraged to submit a 'brief statement' as to why permission should not be granted, or the 'respondent need not do anything at this point', or once the appellants skeleton argument is submitted, a respondents skeleton argument is to be submitted. Any ideas ?

[Toby David]

Re: Appeal process

As permission has not been granted yet, I would like the opportunity to object, and explain why, as I am sure the appellant is flooding the Court with numerous fabricated versions of events. Secondly, obviously I cannot respond to a skeleton argument if I have yet to receive it.

Also I cannot understand why the Court would even entertain it, being that the deadline for make such a request has long since past.

[des8]

Re: Appeal process

I personally would wait for the appellants skeleton argument.

You referred to "magistrates court". Did you mean Countycourt?

there are strict time limits in which to appeal.. basically 21 days from date of judgement (CPR52 .4), so would be surprising if permission was granted to appeal.

[des8]

Re: Appeal process

Regarding fabrication by appellant, an appeal will only be allowed where the decision of the lower court was wrong in law or because of a serious irregularity in the proceedings.
A respinning of events won't wash.

[wales01man]

Re: Appeal process

At the moment there is nothing to object to? as they have made no application to any court waste of a letter as Des says wait .

[Toby David]

Re: Appeal process

Yes, County Court. The appellant refers to letters within the appellants notice, Which as per usual, I have not had sight of. Whether these letters are the usual 'fabricated' reasons why the application to appeal is so late. Personally In my expereince, (at County level at least) time limits do not seem to hold any weight what so ever.

I personally would wait for the appellants skeleton argument.

You referred to "magistrates court". Did you mean Countycourt?

there are strict time limits in which to appeal.. basically 21 days from date of judgement (CPR52 .4), so would be surprising if permission was granted to appeal.

[Toby David]

Re: Appeal process

The appellant has cited both of these reasons for an appeal, as I have not recieved a skeleton arguement, I am not entirely sure what nonsense will be expressed, but throughout the case management, the trial and the detailed cost assessment, the claimant seems to have displayed, (shall we say) an 'extremely confused' recollection of events.

Regarding fabrication by appellant, an appeal will only be allowed where the decision of the lower court was wrong in law or because of a serious irregularity in the proceedings.
A respinning of events won't wash.

[Toby David]

Re: Appeal process

Hi, With regards to a respondents skeleton arguement. What documents will the Court of appeal have access to. Will they have access to the original trial bundle's, and the final Judgement, as I would like to refer to these documents as evidence with in my skeleton arguement if nessicary.

[des8]

Re: Appeal process

You seem to be stressing out oversomething you can do nothing about!
Were both you and the defendant LiPs?
Wait until you see the skeleton...or respond using N162 (N162A gives guidance on completing this form http://www.******publishing.co.uk/sy...162a_e0407.pdf)
You could mention that you have not been served with the complete application by the appellant as (s)he has not included various documents.
Don't forget to send a copy to the appellant

Have you looked at Practice Direction 52C? (https://www.justice.gov.uk/courts/pr...ourt-of-appeal)

County Court is often quite elastic over time limits, especially where LiPs are inolved as they do not want to be perceived as denying litigants justice over observance of petty(?) rules.
Court of appeal is rather different

The County Court must have been pretty sure of themselves to have refused permission to appeal.

[Toby David]

Re: Appeal process

Yes both parties are LiPs, Us because I do not intend to waste another penny on such nonsense, and the other, because I do not beleive any solicitor in their right mind would associate themselves with the claimant, and her claim.
This has now been going on for 3 years, 25 case management hearings, 5 day trial, 4 hearings just to deal with cost, and all because the system, allows idiots to get away with blatant time wasting and stupidity.
The appellant has apparently sent a copy of the skeleton argument to the Court. I just dont want to be in a postition where the Court thinks I am not challenging the claimant request, due to misunderstanding the conflicting rules.

[des8]

Re: Appeal process

from your brief description it seems likely that permission to appeal will be refused.
However to preserve your position perhaps you should respond now, explaining you have not received the full submission, nor the skeleton.
Use form N162

[Toby David]

Re: Appeal process

We have contacted the Court of appeal, and informed them of the situation, so they are aware that we have not received a skeleton argument . although according to letter, they have acknowledge receipt of one. smoke and mirrors. Fortunately we are well aware of these games, and have become experienced enough to predict each play.

- - - Updated - - -

I hope you are right, but my faith in justice system isn't exactly overflowing.

from your brief description it seems likely that permission to appeal will be refused.
However to preserve your position perhaps you should respond now, explaining you have not received the full submission, nor the skeleton.
Use form N162

[Toby David]

Re: Appeal process

Quick update, Skeleton argument has arrived, with another copy of appellants notice which at first glance appeared to be identical to previous, with identical first page (stamped by Court same date) but on closer inspection information has been 'amended' ? As per usual having to contend with chaotic paperwork, not numbered, paginated or in correct section. Reasons for appeal also ridiculous. Still im sure the Courts will continue to entertain such nonsense.

[des8]

Re: Appeal process

Well I do hope your faith in British justice is soon restored!

[Toby David]

Re: Appeal process

Does anyone know what the time frame is, for the Court of Appeal to consider an application, to appeal.
All the relevant required paperwork has been submitted by both parties (although i'm sure the appellant will feel the need to submitted further endless reams of fictional nonsensical propaganda )