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Viano

Can someone explain this please

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Received in the post today

 

'The Application for permission to appeal is dismissed. The proposed Appellant will need to apply for relief from sanction pursuant to CPR 3.9

 

Does this mean that I (if the points are proved) can go again?

 

V

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Hi all,

 

How do start an application under CPR 3.9 - Please.

 

V

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Not sure what you mean. If permission to appeal is denied then this means you can't appeal.

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Could mean that you have to leave to appeal from the original Judge who made

the order against you,just an idea.

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If I read CPR 3.9 right it look as though if genuine reasons for not complying to the order can be shown one can re-apply. I've read through it a couple of times and find it as clear as mud, but that the way I see it.

 

V

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Ok... I don't want to assume anything so can you please give us a brief description of what happened, so we can then answer your question.

 

So was this a permission to appeal against a strike out application, non-compliance with a court order, etc and in what context? Are you the Claimant or the Defendant? etc...

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Hi,

 

I was defendant and found against, appealed, the appeal was dismissed due to transcript (as ordered) didn't arrive in time - transcribers fault.

 

V

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Hi all,

 

How do start an application under CPR 3.9 - Please.

 

V

You will need to complete a form N244 (available on Her Majesty's Courts Service - Home) which is a general application notice.

 

You will need to state what you are applying for - in this case relief from a sanction (what sanction?) and why. If appropriate, you can also attach a witness statement


Steven

 

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In addition to what Steven said, if your application for appeal was refused on paper, therefore no hearing, then in your application form n244, you can ask for an oral hearing but it must be done within 7 days.

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Thank you both, so N244 it is.

 

According to my aged dictionary Sanction:

 

Sanction n 1. (hist) Law or (esp, eccles,) decree; 2, Penalty or reward for (dis)obedience attached to law, clause attached to law, clause containing this, (now esp.) penalty for non-compliance- so it goes on. you learn something every day don't you.

 

Rhod, the refusal is on paper. Is there anything to gain from an oral hearing.

 

V

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If you had no intention of appealing then no, just put down the reason why the sanction(?) should not be forthcoming...

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I am continuing with the appeal.

 

V

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I have a lot more questions than answers with you and what you have received and for what purposes but I will advise the following:

 

You will have to use the same facts as was raised in your notice of appeal.

 

You will have to inform the court and the respondent of the points which you propose to raise at the hearing and you must set out your reasons why permission should be granted notwithstanding the reasons given for the refusal of permission.

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