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Appealing the outcome of my Final Hearing?

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27 Jun 12 #339529 by QPRanger
Topic started by QPRanger
Hi there

Long time lurker but first time poster.

Quick question to start with: I had my final hearing last week and will definitely need to appeal the Order that the judge decided to come up with.

Still waiting for the Order in writing but I am led to believe that I only have 14 days to lodge an appeal: does this start from the date of the final hearing or the date that I receive my copy of the Order?

Hope someone can help! Thanks.

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27 Jun 12 #339531 by .Charles
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In the Family Procedure Rules, the relevant section is 30.4 - www.justice.gov.uk/courts/procedure-rule...rts/part_30#IDAMTHIC

If there is no mention of the appeal in the order, you have 21 days from the date of the decision although it rather depends upon the type of order that you intend to appeal as the timescale could be much shorter.

The relevant date is not clear but technically until the order is drawn and approved by the Judge, the order is not yet made. Personally, I would work to the date of the hearing and apply for an extension of time to appeal in the event that the order does not materialise in time.

Charles

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27 Jun 12 #339533 by QPRanger
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Thanks Charles.

My Barrister immediately asked for leave to appeal but the Judge refused to give this?

Any idea why this would be the case?

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28 Jun 12 #339673 by .Charles
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If it is clear to a party that they intend to appeal a decision of the court when the order is being delivered, it is usual to request permission to appeal straight away. It is also usual for the judge to refuse leave to appeal.

When leave is refused, you have to apply to the court for permission to appeal. In order to speed up the process the court can list the application for leave and the appeal hearing at the same time. If leave is granted the appeal will take place at the same hearing. If leave is refused, the hearing falls short of its time estimate.

A judge is unlikely to grant leave to appeal as s/he will be certain in their reasoning therefore why give a party a path to question it? There are exceptions where complex legal issues are addressed which raise new issues or the judge has been bound by the existing law which s/he believes to be outdated/incorrect but is powerless to go against this i.e. a County Court judge cannot ignore the law of the High Court but can give leave to appeal to the high court which will have the power to review the law.

Charles

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14 Jul 12 #343120 by QPRanger
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Well the 21 days were up yesterday but I''m STILL waiting for the full version of the written order! Received two pages but my solicitor says there is a third page to follow.
Have emailed the court but you get a standard reply stating they are allowed 10 days to respond! And when you phone they of course say you need to email them....
How on earth are you meant to lodge an appeal when you don''t have the full info to know what you are appealing against???
Laughable really....

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