My Hellish Day in Court (with the threat of a possible appeal)

beamerguy

Jomot said:

Thanks for clarifying.  The original judge refused them leave to appeal, so I'm completely out of my depth!  
I'll get that done tomorrow & post an update on the outcome. 

REALLY ?   and he still carries on.    WOW, here is a man who thinks he is in control of the world ?
About time someone told him that he is only in control of his own stupidity

Coupon-mad

A Judge can refuse an appeal to him, if he is sure he has not erred in law - and that must have been in his mind.

There is a second option for them - and this is what they are trying - of asking the first Judge to pass it to Judge B, his Senior Circuit Judge, to see if there is any merit in their appeal. 

The Senior Judge might agree or disagree but if the application is to be opened up into an appeal hearing, the second Judge must feel that it is arguable that the first Judge was 'not entitled' to come to the conclusions he did, specifically about Dammerman level costs.

Hence why I think throw your objection into the mix this week so the second Judge sees your list of unreasonable conduct and might even raise an eyebrow about the misleading stuff about POFA that led Judge A astray, hence why throwing in Henry Greenslade's opinion...

Another good thing is, this OP may find if they ask the court, that VCS might have obtained the transcript at cost to them, before deciding to do this.  Which means the OP can ask the court which transcription service did it, and then email them to ask for a copy.    At Southampton the transcript cost BW Legal £480 but as it was then already transcribed, it cost me less than £15 for a copy of it all by email from the company who did it.

BrownTrout

Consider SCT Finance v Bolton,
http://www.39essex.com/docs/articles/KS_Costs_Appeals_seminar_071106.pdf is essential reading on costs appeals, this is not your normal appeal per se
Costs appeals are a different beast, so i suggest reading the above

henrik777

They lost. They're not appealing the loss. So will you end up with costs of £x or £y

Not exactly stressful. The added bonus is that they're shoving an artic up hill which requires a hell of a lot of weetabix.

Jomot

henrik777 said:

They lost. They're not appealing the loss. So will you end up with costs of £x or £y
Not exactly stressful. 

I agree, and I'm not going to be losing sleep over it, but as I'm an unpaid carer my ordinary costs would be minimal so it would be nice to have, especially given the time I've had to put in and the and actual costs incurred.  Even the little things like not having access to a printer/copier made life difficult & costly.  

Whatever the outcome, I'll take heart from knowing I've cost them money and been something of a pain in the **** to them. I don't know what Elms charge, but they were there for a full day 

nosferatu1001

Do as above - ask if they obtanied a transcript

D_P_Dance

Should SRS pack a toothbrush?

http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231)

Jomot

nosferatu1001 said:

Do as above - ask if they obtanied a transcript

Just checked.  They haven't requested one so far.

Hockey_player

So, in theory VCS have to pay me £510.64 by 11 March but I'm seriously concerned they may appeal, although I dont really know how that works.  I do know its the same circuit as Skipton though, if that offers any hope?

Can you explain how did you claim £510.64?

Snakes_Belly

I think that it was a judge called Gosnell who was the appeal judge in the Ambler case. That was the case that Lamilad won in Skipton where Excel had doctored the evidence. From memory right to appeal was rejected. It costs them to appeal.
https://www.dropbox.com/s/03gm42bniu0e4gz/img003.jpg?dl=0
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