Getting Ready for the Hearing

NorfolkBOI

She got very defensive when I asked for an appeal and moved from being helpful to nope.

She said i could go over her head if I wished to do so.

NorfolkBOI

I did feel a bit like that.

It was so one sided I gave evidence precedent etc etc

Dismissed out of hand.

All of that i can handle

What beggars beliefs is that.

a) They won a case with a 2015 dated contract.

They have lost every claim after an October 2017 contract.

C) Comes to me they send in both and say we now lease the land.

d) Judge tells me burden on proof is on them

e) I say where is the lease and a lease does not make you a landowner. Just show the lease?

f) Claimants guy says yes I have lost a lot of claims but this is the way it is now i dont put it together.

g) I complain that as this guy is an agent I am not able to get on the record as he has not worked on the case (probably no right of audience which I also inferred but glossed over)

e) She then just goes with it i was awestruck I even said I put the plains in my skeleton you read it and unless I can prove they do not have a lease for land you going to let them off?

f) Apparently I should have had other peoples witness statement to back that up (despite providing the claim numbers) and Norwich Judges Names

Really shocked they have no lease on the land-registry and the judge almost took delight when I said if they have a lease over 7 years it should be on there.

Maybe its under 7 years then she said..... crazy never seen anything like it

Coupon-mad

Which court, Norwich?

As you filed all the above and she failed to properly consider the CRA, you should be able to appeal this but need to show errors 'in law'. So it needs careful wording.

Other people have appealed cases and won:

Jopson v Homeguard
Excel v Smith

...to name but two that we rely on all the time! Can be done and they both lost, first.

beamerguy

NorfolkBOI wrote: »

She got very defensive when I asked for an appeal and moved from being helpful to nope.

She said i could go over her head if I wished to do so.

I would accept her invitation, not as an appeal but a complaint.

NorfolkBOI

I now have 14 days to pay.

I have requested a transcription (at least I can read it in improve how I handle things next time)

Has anyone on here appealed before?

The bizarre thing was I wanted to ask if i could appeal I really only wanted to ask (with a view to writing in ) but she forced the issue and refused me flat... quite harsh i think.

All a good education though although I have definitely had my eyes opened at how random it all is and how blas! judges are over changing witness statements from one case to another.

Coupon-mad

Has anyone on here appealed before?

Excel v Smith was a poster on pepipoo forum, so yes, people do, when they can show a Judge erred in law.

The County Court Judge refusing appeal is normal. They will not admit they are wrong!

But she cannot stop you applying for leave to appeal, using a N244 form and paying the fee. As you have paid for a transcript already, it sounds a logical step for you not to drop this, and to seek leave to appeal, re the Judge falling into error re the CRA (the added £70) at the very least. And possibly about the lease/authority lack of evidence too.

NorfolkBOI

Sounds good to me I am not doing it for the money I just wanted to get something that would help others.

They are now in dismay as I threw the kitchen sink at it.

What is the timescales for this.

I have 14 days to pay ... do i pay this then appeal.... or pay then appeal

is this 14 days from today or from receipt of the judgement?

I would really appreciate any help in putting it together which form etc

I dont think the text will be with me for 12 days as it was today and I am still waiting for the quote. The transcription company also told me that the Judge may say no lool

Coupon-mad

You will get 14 days from the judgment being served and it will say so. Therefore wait for the judgment to arrive and then show me by pm, if you wish.

I threw the kitchen sink at it.

It is one of the reasons I feel you would be a good candidate to appeal.

I am happy to assist you with the form and how to word it and will liaise with others in my contact list, to make sure it is done as well as we can and that a legally qualified couple of people get to review it.

I am slightly concerned that your Circuit Judge might be HHJ Maloney of the Beavis case, though. Is it? Can you find out?

NorfolkBOI

Coupon-mad wrote: »

I am slightly concerned that your Circuit Judge might be HHJ Maloney of Beavis infamy, though. Is it? Can you find out?

How would i do that?

When I was assigned DJ O'Malley she was no place online or on the courts websites.

Coupon-mad

He retired!

https://www.middletemple.org.uk/bencher-persons-view?cid=33896