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LiP APPEAL Help - response and skeleton argument?

  • * Tilly *
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24 May 19 #507712 by * Tilly *
Topic started by * Tilly *
Can anyone point me in the right direction of pertinent cases or information relating to an appeal?

Having dragged me through the courts my spouse is appealing the final judgement and court order. He has always said the judge can’t make him do anything so is now appealing. He’s spent two years hiding assets, depleting assets and being difficult.

I have to represent myself so need to get up to date information on any technical info relating to meeting housing and income needs with no kids and also the appeal hearing itself (apparently this will be straight after the permission to appeal hearing).

If you can offer any help or advice or books or articles I would be very grateful.
Tilly

  • .Charles
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24 May 19 #507717 by .Charles
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How long ago was the order made? Did he request permission to appeal at the end of the hearing?

If permission to appeal is required, the Court will require evidence as to why that permission should be granted. If the evidence is not strong enough, the Court will refuse the application in which case the appeal is dead in the water.

An appeal has to have some merit other than a party disliking the order (which is most often the case).

Charles

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05 Jul 19 #508390 by * Tilly *
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Hello Charles

Thank you for your reply and sorry for my slightly late one. Permission to appeal is required but appeal hearing is imminent and I believe that the appeals hearing will follow in hot pursuit. I have to prepare a response and skeleton argument to defend. He is appealing on multiple grounds because in essence he does not like the judgement! But he has a millionaires team of top barristers and solicitors working round the clock. I have me, myself and I and my copper coin jar. Local law library has limited resources and cannot help so I am floundering as understand this all gets based on technicalities. Any suggestions or pointers to find precedent information at short notice!

Thank you!
Tilly

  • hadenoughnow
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06 Jul 19 #508395 by hadenoughnow
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As Charles said, to even get to appeal, he will have to show that there is a good reason for it. This would have to be something like an error in law or perhaps a serious miscalculation resulting in a clearly unfair result.

There is a very wide spectrum of fairness within which family law judges dealing with finances operate.

There is a pretty high bar where appeals are concerned.

As a litigant in person you really should not be defending the decision made by the judge. Is there a pro bono unit at the court?

If your jar of coppers will run to it, you may find it is worth just talking this through with one of our team who support litigants in person. They can certainly help with skeleton arguments etc. Give the helpline a call in the first instance.

Hadenoughnow

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06 Jul 19 #508403 by Cheesestring
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Have you considered instructing a direct access barrister?

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07 Jul 19 #508411 by * Tilly *
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I borrowed money to do this at the final hearing, but even the direct access barrister said that I had to have a solicitor and it was not a case suitable for direct access. So I had to borrow for solicitors and barrister.... Now tried to do the same and solicitor suggested getting barrister direct access for appeal as the appeal itself will follow the permission to appeal hearing if permission is granted. Sadly barrister has said again he will not take it on direct access .... so it looks like despite all my attempts I am LiP again! And it appears appeals are so infrequent that even the legal team cannot really advise by sound of it. So I am a little stumped.

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