Given leave to appeal - how to proceed help

[Smarterchick]

I was given leave to appeal in a case I have which is similar to the Heath vs Southern Pacific case - there are only 21 days from the case to lodge an appeal so I have to lodge it this week, but the barrister will cost me nearly £700 to prepare it. Is this something I can do myself in some kind of simple format or does the barrister really need to do this? He says it would take him about 3 hours for a Multiple agreement claim. In the Judges reasons for allowing the appeal in my case he wrote this after granting the Claimant possession:

 

" There is a division amongst the authorities as to the correct construction of section 11 and 18 of CCA 1974. In October 2009 the CofA is hearing an appeal in the case of Heath. I granted possession because I was bound by Heath, but in the absence of that authority would not have done so. If there is a real prospect of an appeal succeeding in Heath, so the same applies in the present case"

 

£700 this week is a bit of a stretch, but I don't want to faff it up either. Any guidance greatfully received..

 

SC

[dad]

Sc,

 

This is not the ordinary run of the mill appeal. I presume that you have been granted permission at the end of the hearing.

 

The judge is saying that your appeal is dependent on the outcome of the CofA hearing into Heath.

 

In that case I believe all you need to do is submit your Appellants Notice and in the section asking for any applications ask that your appeal be stayed pending the decision of the CofA in Heath, with leave to amend the grounds of appeal in light of the ruling in Heath.

 

That should punt the whole thing into the long grass until October.

 

Depending on the track you need either a form N161 or N164.

 

HTH

 

Dad

[Smarterchick]

Interesting you say that dad, thanks, the judge did give leave to appeal because of the similarities to Heath and recommended a 5 month stay, but the finance company baulked and the judge gave 3 month which defeats the object somewhat of waiting for the Heath appeal result.

 

I am sure the finance company are gambling on me defaulting before the heath case comes out and therefore they will pulverise me at the first opportunity if I do. They are going to be dissappointed, I'll never let that happen even if I have to start start busking..

[dad]

SC,

 

Get your notice in within the time limit.

 

Then provided you apply before each stay expires the appeal court should give you extensions until Heath is heard.

[JonCris]

If they are not prepared to await the Judgement of Heath chances are they are trying to circumvent the chance that Heath may be successful - however as has been suggested by dad you can (not forgetting to including the term 'with a mind as to costs') still request a longer stay in much the same way as the banks have

[Smarterchick]

Yes it's multi track..., but are you saying even if they baulked at the 5 month stay and the judge gave them 3 month you reckon I should/could get that increased through lodging this appeal form?

 

I'm trying to save myself the £700 if I can. I'm on Pension Credit so court fees are found, but Barristers fees arn't I don't think....

 

I took a look at this form and it does seems quite long and complicated, I guess I might be able to do it if I concentrate hard enough ( ooo the pain! ) all suggestions are really appreciated dad, I think I just need walking through this a little if I attempt it on my own and I have to have it in by Friday.

[I've got no money]

Yes it's multi track..., but are you saying even if they baulked at the 5 month stay and the judge gave them 3 month you reckon I should/could get that increased through lodging this appeal form?

 

I'm trying to save myself the £700 if I can. I'm on Pension Credit so court fees are found, but Barristers fees arn't I don't think....

 

I took a look at this form and it does seems quite long and complicated, I guess I might be able to do it if I concentrate hard enough ( ooo the pain! ) all suggestions are really appreciated dad, I think I just need walking through this a little if I attempt it on my own and I have to have it in by Friday.

 

We could help you draft it - the problem tho' is that we'd need to see all the docs...

 

I'd have thought that Dad's suggestion sounds sensible...the appellants notice looks worse than it is.

 

If you work through qiuestion by question and ask us anything that you are not sure about. The important thing is to seek both a stay of your appeal AND a stay of the Order pending the Court of Appeal decision

[Smarterchick]

We could help you draft it - the problem tho' is that we'd need to see all the docs...

 

I'd have thought that Dad's suggestion sounds sensible...the appellants notice looks worse than it is.

 

If you work through qiuestion by question and ask us anything that you are not sure about. The important thing is to seek both a stay of your appeal AND a stay of the Order pending the Court of Appeal decision

 

Okay thanks, I'll be back on tomorrow afternoon so I'll print the form out and see how far we get before I need help..many many thanks.

[I've got no money]

How is the N161 going?

[Smarterchick]

I've been in contact with my barrister and he's saying that if he's to fight the appeal for me he would rather do it on his own Skeleton argument and as he's been involved from the beginning of the legal battles I tend to agree with him. I've gone over the 161 and as you say, it doesn't look too daunting so if push comes to shove I'll do it, but I do only have until 4pm Friday to lodge this so I am trying to get the money together for my barrister whilst attempting to scramble a skeleton of my own too, I think that gives me another 14 days after the N161 so there is hope. I'll let you know tomorrow as I have to work fast.

 

I really appreciate the assistance. Be back tomorrow. Many thanks

 

SC

[dad]

Sc,

 

You do not need to submit your skeleton with the N161. In section 6 tick the box:

The arguments (known as a ‘Skeleton Argument’) in support of the ‘Grounds of Appeal' will follow within 14 days of filing this Appellant’s Notice

 

What you do need to submit is the grounds of appeal. These go on a separate sheet of paper attached to the N161. The trick is to make them general enough to cover all eventualities, but not too vague.

 

That is why I suggested that you specifically apply in section 8 for leave to amend in light of the CofA ruling in Heath.

 

My suggestion is that the judge pretty much gave you your grounds of appeal in granting permission:

 

" There is a division amongst the authorities as to the correct construction of section 11 and 18 of CCA 1974. In October 2009 the CofA is hearing an appeal in the case of Heath. I granted possession because I was bound by Heath, but in the absence of that authority would not have done so. If there is a real prospect of an appeal succeeding in Heath, so the same applies in the present case"

 

As a thought as you are already on the multi-track, and presumably in to the death, have you discussed with your barrister/solicitor being joined as a party to the Heath appeal?

 

Dad

Edited July 1, 2009 by dad