Thanks Andy,

obviously it has now been transferred to the relevant Court for the Appeal

- I have found the paperwork for filing a Respondent's Notice and am preparing that on the grounds of

"... wish the appeal court to uphold the order on different or additional grounds"

namely that the Order was made requiring oral evidence,

within the provisions of CPR32.1(1)©, 32.2(1)(a), 32.2(2(b) and 32.5; that Order was not complied with,

there was no application to vary the Order and the Witness was not called to give oral evidence at the Trial;

therefore the DJ was correct in not allowing the evidence and refusing the Application for Relief from Sanctions

as the Claimant had failed to comply with the Order and couldn't produce any evidence to support the Application for Relief as per CPR3.9(2)

(Application for Relief from Sanctions must be supported by evidence - must being the operative word, meaning a "mandatory requirement" to quote the DJ.)

Is it worth me posting a redacted copy of the draft Respondent's Notice?

Yes I do...supply as much information as possible......It simply is not enough just requesting /stating within a WS what they rely on with regards to adducing hearsay evidence...and the Judge knew that.

Draft Respondent's Notice attached.

Excellent Peter ...I really cant think of anything further to add to that...keep me updated with what transpires.

Regards

Andy

Letter arrived from Hegartys saying "Please note that the Claimant has filed an appeal at Court and have asked for a stay on the Order to pay your costs".

Phoned Hegartys to point out that I am filing a Respondent's Notice and that they really don't have a leg to stand on due to the 15th July Order, but they are adamant that they're not appealing against that, they're just appealing against the DJ's Final Decision. Sounds to me like they're trying to ignore that Order and are possibly somewhat desperate?

Rather interesting article here which may or may not be relevant:

http://incelaw.com/en/knowledge-bank/publications/court-of-appeal-revised-guidance-on-courts-approach-to-non-compliance-with-civil-procedure-rules

An update on the situation 4-1/2 months down the line:

Claimants/Appelant were ordered to produce a transcript of the Judgement, which they did at the end of January.

This was then sent off to the original DJ to be approved,

then a copy of the approved transcript was sent back to Hegartys last week.

So still no firm news as to what is going on.

Now nearly 9 months down the line, latest is that the approved transcript was sent back to the transcribers in May; I have still heard nothing other than being told on calls to the Courts' Contact Centre that this is the case.

Further update

- approved transcript was reissued by the transcribers to IND in late May;

after numerous phone calls to the Court I am told that they (the Appeal Court) have heard nothing further in respect of a Request for Directions...

Is it worth my putting in an Application to the Court to have the Appeal dismissed or struck out due to IND's tardiness in expediting their own appeal?

I will ask andyorch for you, Pete.

Thanks citizenb - I have also PM'd andyorch

Peter ...apologies for the delay in responding....I am currently away and will respond in full on my return.

Regards

Andyorch

Finally it is all over bar what will undoubtedly be an argument over costs.

In this morning's post was the Order from the Appeal Court.

I'm not going to post the whole thing, but the Appeal Judge stated that

"the appeal is dismissed summarily"

as

"there is no real prospect of success and no other reason why the appeal should be heard."

The Judge also stated that the District Judge was not wrong in law

not to allow the claimant to rely on the evidence

because they had failed to give notice that the witness was not attending to give oral evidence in breach

[of his earlier order saying "oral evidence only"], it was within his discretion.

The appeal was described as "wholly without merit"

and the appellant does not have the right to seek an oral reconsideration of the decision.

No order as to costs - which I take to mean the original order stands.

That's great news Peter and couldn't be inflicted on a more deserving DCA

Delighted that has now been completely resolved.

Regards

Andy