D/judge Made Wrong Decison What Now??

[dad]

Cheers again Dad

 

Part 8A cannot fit all that information in online which is a shame, have printed out the doc ready part filled and will write it in small instead. Also can I just mention in section 7online it only allows one box to be ticked....shall I still go ahead & tick it by pen the other box too you mentioned.

 

Yes that is fine.

 

Dad

[Mydogsawestie]

Dad as I am doing the N161 as a stay.....re the Grounds for appeal would you mind checking over the last page on page 4 here...the wording I should change it to now.

 

I am still also confused with this human rights thing also left in (like my skeleton ) because I do believe due to the courts refusal to comply with the Civil Bench Book (2006) I was denied a full & fair hearing.

 

 

Section 8.2 of the Civil Bench Book (2006) gives the court guidance on Article 6 of the European Convention on Human Rights and its applicability in cases such as the hearing before the District Judge.

 

The last paragraph of Section 8.2 states:

 

“Article 6 gives a party to a hearing the right to put his case forward under conditions that do not put him at a disadvantage in relation to his opponent. This may require the judge to afford some assistance to creditors or debtors appearing in person. The court is under a duty to conduct a proper examination of the submissions, arguments and evidence adduced by the parties.”

 

The case law of the ECHR makes plain the courts duty in respect of undertaking a proper examination of the submissions, arguments, and evidence.

 

 

Appreciate your thoughts as always.

 

Appellant Grounds for Appeal MDAW.doc

[dad]

MDAW,

 

My personal view is the HR arguments are procedurally complicated and best done by professionals. However at this stage I would just leave it in, you already cite CPR1 so have covered the same ground from the procedural error point.

 

I think your grounds and skeleton are fine as they are. When it gets to a hearing you can always refine your argument in your oral argument.

 

Dad

[Mydogsawestie]

Dad thanks for your guidance in these last few days it was very much appreciated & of a great help too.

 

During the last 24hrs I have had to resort to taking legal advice as I felt that it had gone too far for me to present the case as confidently as I wanted to due to the risk of costs that would be involved.

 

Thanks to everyone for your help & assistance in the input you have contributed to the position I did reach and I hope this thread will be a guide to others in my position to proceed with for the future.

 

As you can understand I will be going slightly underground on my thread now so wont be able to post much for the time being since we all know how the other side do lurk on these threads. Wish I was a fly on the wall when Restons get served there notice of action

 

Lets just say I am sooooo very relieved to have legal help now onboard & glad to say my appeal has all been filed with the court this afternoon.

[humbleman]

MDAW

 

I am very pleased that you have now managed to get legal advice on this.

[dad]

MDAW,

 

During the last 24hrs I have had to resort to taking legal advice as I felt that it had gone too far for me to present the case as confidently as I wanted to due to the risk of costs that would be involved.

 

Good, I think that is a very sensible decision. To be honest I was beginning to get worried for you as this is the easy part of an appeal.

 

Best of Luck

 

Dad

[supasnooper]

IMHO, I think you have taken the right decision here.

 

Indeed, I must applaud those that have contributed some excellent advice in the last few days to this thread.

 

Your case is one that others will indeed learn from and hopefully a few snippets will filter back on to the thread for others to learn from.

 

I'm pleased to see that other CAGers are of the same view and I'm sure we all wish for a successful outcome.

 

Good Luck ............. but don't forget to let us know how you get on.

[the_shadow]

MDAW,

 

 

 

Good, I think that is a very sensible decision. To be honest I was beginning to get worried for you as this is the easy part of an appeal.

 

Best of Luck

 

Dad

 

I agree 1000% I noticed last night how much time and effort Dad was putting into this thread and felt that the road ahead would be far rockier.

 

Well done dad for guiding MDAW so far down the line and well done MDAW for being able to realise how far you can take it yourself, its always good to know your own limits, I know I'd have folded long ago

 

Keep us informed of the outcome tho

 

S.

[Mydogsawestie]

Thank you everyone for your kind words....it was just over 12mths ago I got the POC what a railroad its been and I only survived it by such brilliant advice along the way esp by creditcardmug back then.

 

Its not whats been submitted that was to my detriment (IGNM did alot for me too around the court hearing time last summer) but as so often said in the forums, its down to this "judges lottery" on the day & I had a family judge!

 

I will continue to remain positive in my appeal esp with legal help onboard now & hope that justice will be served in the end, who knows my thread may even one day be filed in the "legal success" section.

 

Thanks again everyone for your postings.....in particular those who gave me lots of there time at all hours of the day in my times of panic, also those of you who PM'd me out of friendship & suppt but also those with knowledge too & without that info I wouldnt be where I am today (you know who you are ), I thank you big time.

[means2anend]

subbing