Grounds for appeal

So is it a valid ground for an appeal that the maintenance is unaffordable and disproportionate at 53% of my net salary? I have lots of arguments against the order but I suppose it is about choosing the strongest rather than providing a long list?

Also what is the best request to make of the appeal court - to vary, set aside, or new trial? I think given the proximity to final hearing the most sensible thing would be a stay of execution until then.

Thanks for any advice.

To be able to launch an appeal against a judgement, you must be able to demonstrate that the judgment was;

Perverse - totally unfair and beyond the discretion of the judge; or

An error in law was made - good luck with that one; or

New, important and relevant evidence has come to light which wasn''t known of before and which would change the ruling.

Whether the exercise of the judge’s discretion was vitiated by a factual error

Whether the judge erred in the weight applied to evidence

Whether the judge acted beyond a reasonable exercise of discretion

Whether the judge failed to provide adequate reasons for their decision

Whether the judge denied the party natural justice in refusing to admit evidence

Even if you could establish one of more of the above grounds this does not guarantee that you will be allowed to appeal or that you will be successful.

The process involves lodging an appeal notice within 14 days of the order, obtaining a tran­­­­script­­­­ of the hearing and filing this too. You also need to serve the appeal documents on all parties to proceedings.

It would be beneficial to you to speak with a solicitor to talk through the appeal process, and to discuss if you have a case for appeal.

Thanks Rubytuesday. It''s really tricky as a LiP to know what arguments are strongest legally as opposed to what seems fair and right as a ''normal'' person. I know I need professional advice but this MPS Order literally is drowning me in debt and I can''t afford the transcript never mind a solicitor. I tried for an LSPO but the judge refused that, despite my ex providing no evidence that she couldn''t meet it and me meeting Mostyn''s checklist. I''m now hoping to get a litigation loan but I know they credit check as part of the process and worry that with my debts from the contested legal proceedings, it may be refused.

I appreciate it''s slightly ludicrous to appeal an interim order when the FH is four months away but costs were awarded against me in trying to vary it down, plus I don''t want to go into the FH having breached an order that I can''t meet. What a mess!

Question - if it is a Directions hearing that decided an MPS issue, in terms of the appeal application form "type of hearing", is that a "case management" hearing or a "final hearing"?

Would a good legal ground be that I was only told by Court that my application would be heard at that particular hearing the day before, then the judge criticised me for filing evidence "late" and refused to accept additional evidence I had brought on my laptop on the day (that he made a big thing about not having before him)?

Realistically what should I ask for as an outcome from the appeal - with a FH in April would the most sensible thing be to ask to set aside the Order until then?

And lastly, is the deadline for lodging the appeal 14 or 21 days - I was slightly confused by this from the FPR: "the appellant must file the appellant’s notice at the appeal court within such period as may be directed by the lower court, which should not normally exceed 14 days or, where the lower court directs no such period within 21 days of the date of the decision that the appellant wishes to appeal."

Thanks all!

One further question regarding timing etc, if I may!

The hearing I am considering appealing was last week. Apparently court has a minimum 12 working days timeframe for typing up orders. Thus and with reduced days over the Xmas period, I am unlikely receive the Order before the deadline for filing notice of appeal is up! I am a LiP therefore my notes of the judgement will not count for much. Am I within my rights to ask the opposing party''s counsel to provide their notes to me without cost and use these?

It is common to submit an appeal notice and provide supporting documentation once it is available. However, you must take legal advice if you do not want to fall foul of legal procedure.

Charles

Thanks Charles. Am hoping to get legal advice but it''s not proving easy and the timing is obviously difficult. Could I trouble you to consider the questions in my previous post, starting "Question - if"? Thank you.