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How to appeal against court orders

Dragon slayer
Posted by
Senior Member

04 Nov 14 #448383 by Dragon slayer

Topic started by Dragon slayer

Self represented at an FDR last week and not happy with two of the Orders.

Being green i was unsure when to ask for leave to appeal. Asked before we left court on one item. Put forward my grounds. Leave to appeal turned down by judge so i didn''t bother with the other.

This was the High Court in Holborn.

This was 30/10/2014.

Can i take this further and ask for an appeal?

If so who to and how do i go about it.

Pipsqueakthefirst
Platinum Member

05 Nov 14 #448394 by Pipsqueakthefirst

Reply from Pipsqueakthefirst

You can appeal by making the correct application to a higher court but it is very hard to overturn a court order in appeal.

I self represented and made an appeal and got landed with costs. If I were you I would cast appeals out of your mind and accept the order as it stands.

Have sent you a private message.

sim5355
Platinum Member

05 Nov 14 #448398 by sim5355

Reply from sim5355

My ex appealed and he got no where and £4000 costs against him, your chances are not very good.

Pipsqueakthefirst
Platinum Member

05 Nov 14 #448399 by Pipsqueakthefirst

Reply from Pipsqueakthefirst

It''s also important to remember that appeals are subject to CPR rather than FPR so in appeals the successful party can claim costs.

You really need to know what you are doing to undertake an appeal and seeing a judge won''t help as they do not give legal advise they just tell you what you can and can''t do regarding procedure, whether that is legally sensible is an entirely different matter.

I know from your previous posts that your dispute is regarding lifetime maintenance and your inability to pay but please think long and hard before you attempt an appeal.

You had some really good advise from LLM and nowheretoturn, maybe if you ask them they could shed some light on your chances of success.

rubytuesday
Moderator

05 Nov 14 #448404 by rubytuesday

Reply from rubytuesday

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.

Fiona
Platinum Member

05 Nov 14 #448438 by Fiona

Reply from Fiona

There is a lot more law involved with appeals and the general court rule that the unsuccessful party pays the costs of the successful party applies.

YOu can''t appeal just because you aren''t happy with an order, you need to show there was an error of fact or law or the judge made a perverse judgement. If you think you have cause to appeal it''s worth running it past a lawyer. Self representing can be a false economy, particularly as you run the risk of being ordered to pay the other side''s costs if you appeal unsuccessfully.

dukey
Moderator

05 Nov 14 #448444 by dukey

Reply from dukey

This is a little odd, what type of order was made at FDR?.

Moderators: hadenoughnow

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