PPM and BW Legal appealing after I beat them twice

DownwithPPCs

Hi guys,

Just wondered if you could advise-

I have won twice in court against PPM represented by BW Legal. They are now appealing on some BS, where they are claiming I put in a different WS at the final hearing to the one at the dispute Resolution hearing. The judge had no issue with this in the final hearing, and the court paperwork just said to have any evidence in two weeks before the final hearing, which I did.

I don't know how, but it looks like the appeal is being allowed

The judge has ordered that the application for permission to appeal be listed at X court with a time estimate of 1 hour.

It does not give any instruction on if I need to be there or anything else.

Fyi the judge refused them appeal in the actually hearing.

Thanks.

Grizebeck

Please post up the order as received from the courts

DownwithPPCs

This is a copy of the order with redactions.

Grizebeck

What makes you think its about the witness statement..please post up any other relevant docs
It is an oral application to appeal. Not the appeal itself

DownwithPPCs

Will send over a copy of their appeal shortly. Thanks @Grizebeck

Grizebeck

Please load it up on here using dropbox

DownwithPPCs

@Grizebeck here are the Dropbox links to grounds of appeal and appellant's notice files-

Grounds of appeal - 

https://www.dropbox.com/sh/sm313rbn9s5n8ej/AAD70b5qejSefG1GDdTmISIia?dl=0

Appellant's notice-

https://www.dropbox.com/sh/2g7xqiltxpj3lwz/AABkhZ2Te3XvEuDJROnTE_YMa?dl=0

Mouse007

DownwithPPCs said:

I don't know how, but it looks like the appeal is being allowed

I don't quite see it that way. This looks like a hearing to decide if an appeal will be allowed.

DownwithPPCs

Mouse007 said:

DownwithPPCs said:

I don't know how, but it looks like the appeal is being allowed

I don't quite see it that way. This looks like a hearing to decide if an appeal will be allowed.

Agreed. Sorry, I phrased it wrong. I meant that I don't know how their application has even been allowed to be taken into consideration, given the fact they have lost twice, were denied appeal in the hearing and are not bringing any new evidence to the table.

Mouse007

The stated grounds for appeal appear to turn on your Witness Statement introducing new defence points. It might be helpful to see your redacted defence and witness statement.

I do not however know if you have any right of audience in the upcoming hearing - are you allowed to make any representation or do you have to wait and see?

DullGreyGuy

DownwithPPCs said:

Mouse007 said:

DownwithPPCs said:

I don't know how, but it looks like the appeal is being allowed

I don't quite see it that way. This looks like a hearing to decide if an appeal will be allowed.

Agreed. Sorry, I phrased it wrong. I meant that I don't know how their application has even been allowed to be taken into consideration, given the fact they have lost twice, were denied appeal in the hearing and are not bringing any new evidence to the table.

Because they have a legal right to submit for an appeal.

Whilst trial judges do grant rights to appeal its tantamount to admitting they may have made a serious error in law or procedure and so there always has to be the safety net of having an alternative judge look at the case and determine if there is the potential for such errors to have been made