HUMBLEMAN vs HFC-WEIGHTMANS COURT ACTION

[pedross]

The Legal Test for Appeals

 

 

The appeal court will only allow an appeal if it is satisfied that:

• The decision of the judge who heard the small claims trial was wrong in law; or
  
• The decision was unfair because of a serious irregularity in the small claims proceedings.
  

In other words a party will not be successful if they simply do not like the judge’s decision or think that another judge might have decided the case differently.

 

It looks to me that this is the only way you can go. You should be able to satisfy both points if the transcript is accurate.

 

Pretty much what docman is saying and I think you need to focus on this as opposed to wasting time trying to find some loophole like the 'clutching at straws' idea I came up with earlier, which no doubt would not work given the circumstances..

Edited January 16, 2010 by pedross

[patrickq1]

yes i guess that would be the case,their is a new department within the judiciary who will seriously look at complaints including the transcripts of the case and they will make a decision wether to uphold your compaint and beleive it or not quite a few have been reprimanded i will post the link you ca even mae the complaint whilst you are considering an appeal or have gone for an appeal...

http://www.judicialcomplaints.gov.uk/.

[patrickq1]

The Judicial Discipline (Prescribed Procedures) (Amendment) Regulations 2008 No. 2098

[patrickq1]

Trying My Best Humble But I Think Car Gave You The Best Lead On A Barristor..i Think When You Get The Transcripts You Need To Keep It Of The Forum And Pm Car And Ask His Advice ?

[broken arrow]

Office for Judicial Complaints - Welcome to the Office for Judicial Complaints.

[humbleman]

The Legal Test for Appeals

 

 

The appeal court will only allow an appeal if it is satisfied that:

• The decision of the judge who heard the small claims trial was wrong in law; or
  
• The decision was unfair because of a serious irregularity in the small claims proceedings.
  

 

I would be able to prove both these points.

[lilly white]

Direct Access Barristers, New Walk Barristers Chambers - Direct Access Specialists

[lilly white]

Public Access Information for Lay Clients

[humbleman]

Direct Access Barristers, New Walk Barristers Chambers - Direct Access Specialists

 

Thanks LW

 

I had actually try to get someone from there for my trial. Would you believe that after 3 email 2 phone calls, I didn't have a courtesy of a reply. So sod them.

 

But please keep suggestions coming, I am still on the lookout

[lilly white]

have you try to contact these babys

 

Gough Square Chambers

[humbleman]

have you try to contact these babys

 

Gough Square Chambers

 

waiting for a reply.

[Ruprecht]

Make sure you send a complaint to the Ministry of Justice and send them the transcript.

 

We are paying through our teeth for the salaries and pensions of these so called "civil servants".

 

Do you object to media attention in this matter?

[humbleman]

Make sure you send a complaint to the Ministry of Justice and send them the transcript.

 

We are paying through our teeth for the salaries and pensions of these so called "civil servants".

 

Do you object to media attention in this matter?

 

I would like to expose biased views of these Judges

[letsgetitsorted]

i would wait until you get the appeal out of the way first though, media attention might just rock the boat

[humbleman]

i would wait until you get the appeal out of the way first though, media attention might just rock the boat

 

agreed, first things first

[humbleman]

Should have the transcript later on today for the proceedings. I hope it's going to be £410 well spent.

[DonkeyB]

If any of the contentious bits are left out, be prepared to complain. Does a transcript have to be approved by the judge?

[humbleman]

If any of the contentious bits are left out, be prepared to complain. Does a transcript have to be approved by the judge?

Not the proceedings but he Judgment has to be.

[stripper]

Looking forward to reading this.

Stripper

[humbleman]

GOT a quote from another barrister

 

Thanks for your e-mail. I have passed this onto C W to have a look at and he is happy to deal with your case, he has estimated that it will take him 8 – 9 hours to put together the Permission to Appeal & Skeleton Argument, based on these times I will be asking for a fee of £1,500 plus VAT

[Docman]

I know some may think £1500 is a lot but it is actually a very reasonable rate for a barrister (less than £ 200 per hour). A solicitor may be less (£125 - £150 per hour) but they are usually generalists and take longer to understand the case and hence cost more in the long run.

 

If you are able to use the Direct Access scheme and instruct the barrister yourself, it can be worth it. I instructed a barrister directly on one of the claims I was defending which cost me £400. I won the case and reclaimed the barrister's fee as part of my costs.

[diddydicky]

seems to me that one of those "tottenham court road shop" thingys or those advertised on the internet ( concealed recorders) could be useful in court!!

 

naughty yes

 

nice - yes

[shakespeare62]

seems to me that one of those "tottenham court road shop" thingys or those advertised on the internet ( concealed recorders) could be useful in court!!

 

naughty yes

 

nice - yes

 

A nice thought, but I wouldn't go there. It would be contempt of Court (it states so in the CPR). They also scan / search you as you go in - like at airports.

 

Better to get someone to go along as a notetaker. Alternatively if the Barrister represents you, then he will have made notes too.

[humbleman]

Trial Transcript

 

after DB's post I have removed and will repost after some advice

Edited January 18, 2010 by humbleman

[DonkeyB]

Humbleman, is it wise to post it yet and are you allowed to disseminate it in this way? Just want to make sure you don't transgress in any way. Does it need any unnecessary bits removing? Hope it has all you want!