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A Question Regarding Court Process And Procedures
Good evening all,
I'm still struggling on with my appeal at the Court of Appeal with the case from CLCC in Feb 2013 and at present I'm at the 'oral renewal of permission to appeal' stage in front of three L.J.s very soon. Not unusually for
me there are a few things I'm not really sure of so if anyone could clarify I would appreciate it. I've been told that if a case is being handled by the Court of Appeal (it is) that it would have three L.J.s hearing it, I've also been told that if it's only at the 'permission to' stage I would only have a single 'justice' (not an L.J.) at the hearing. Does anyone know what's correct please ? The other thing is, at this stage am I obliged to give copy bundles to the respondents solicitors, I thought not myself ? On that subject I'd just like to say that I've had a copy email (from respondent's solicitors) via civil appeals admin. asking that they be allowed to attend the hearing. Apart from the fact that it's a public court and that the public have therefore access to it I didn't think this extended to the respondent's solicitors who seek to appear in their professional capacity ? Thank you.
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OK I will have a stab at this in the absence of anyone else
a) you take the judge that turns up on the day and you dont say - "this the first time I am here. Are you meant to be here ?" He will say yes he is. I dont suppose they will suddenly list the tea lady or porter to hear the case just because it is you.
b) yes I am sure you have to disclose documents. Someone will apply to have you case thrown out or delayed if you dont ( on the grounds that they need the document to plead the case etc ). Non disclosure is so nineteenth century
c) on what grounds do you NOT want the respondents solicitors to be present? They obviously want to know the cards in your hand. Happens a lot. Are they trying it on ? The judge will decide if it is fair - they do a lot of this. Judges I mean.
If your complaint is really
this was an undefended application
and now it is defended ( or would be defended ) and so is much harder... I would say go with that.
and that is because I dont really like undefended applications ( ex parte ) pain in the a-r-s-e.
anyway good luck
a) you take the judge that turns up on the day and you dont say - "this the first time I am here. Are you meant to be here ?" He will say yes he is. I dont suppose they will suddenly list the tea lady or porter to hear the case just because it is you.
b) yes I am sure you have to disclose documents. Someone will apply to have you case thrown out or delayed if you dont ( on the grounds that they need the document to plead the case etc ). Non disclosure is so nineteenth century
c) on what grounds do you NOT want the respondents solicitors to be present? They obviously want to know the cards in your hand. Happens a lot. Are they trying it on ? The judge will decide if it is fair - they do a lot of this. Judges I mean.
If your complaint is really
this was an undefended application
and now it is defended ( or would be defended ) and so is much harder... I would say go with that.
and that is because I dont really like undefended applications ( ex parte ) pain in the a-r-s-e.
anyway good luck
Thank you once again PP,if I could refine my original question relative to your answers;
(a) My answer in the other posting says three L.J.s handling it,is this a good sign ? Another dept. are still saying only one,but I'll check again this morning.
(b) If I could explain more,I realise I have to disclose my two bundles but I was under the impression it wasn't mandatory to disclose until after I was granted permission,I think I read it somewhere,would it be in CPR ? What I mean is,I thought this hearing was just for me and the L.J.s to decide if permission to appeal should be granted and not a platform for the respondent (whom I have asked certain questions of relating to some of the obvious lies in his evidence without reply or explanation) to try and prevent the truth from coming out as it should have at CLCC 2013.
(c) I think I've covered the reasons in (b) I'm sure they'd like to see my cards but I think now is not the time,unless I'm told different that is or discover some CPR regs that say I have to. One point of interest to me that I've just had confirmed by the court is that I'm entitled to listen in person to the audio recordings of the trial since it would appear (from what the trial judge is alleged to have said/not said) that certain key pieces of our evidence could not have been used in our defence,this should prove it.
I think I understand what you mean by but I'm not sure. Do you mean that because of our legal teams failure to use certain pieces key of evidence of ours and preventing me giving any evidence at all/not being allowed to question those who accused me that no proper defence was made ? I haven't made any exparte applications yet ? However I'm VERY tempted to ask for set-aside due to fraud and abuse of process in the next couple of days. I'm sure I've all the evidence I need for this but I'd welcome any opinion ? Thanks PP.
(a) My answer in the other posting says three L.J.s handling it,is this a good sign ? Another dept. are still saying only one,but I'll check again this morning.
(b) If I could explain more,I realise I have to disclose my two bundles but I was under the impression it wasn't mandatory to disclose until after I was granted permission,I think I read it somewhere,would it be in CPR ? What I mean is,I thought this hearing was just for me and the L.J.s to decide if permission to appeal should be granted and not a platform for the respondent (whom I have asked certain questions of relating to some of the obvious lies in his evidence without reply or explanation) to try and prevent the truth from coming out as it should have at CLCC 2013.
(c) I think I've covered the reasons in (b) I'm sure they'd like to see my cards but I think now is not the time,unless I'm told different that is or discover some CPR regs that say I have to. One point of interest to me that I've just had confirmed by the court is that I'm entitled to listen in person to the audio recordings of the trial since it would appear (from what the trial judge is alleged to have said/not said) that certain key pieces of our evidence could not have been used in our defence,this should prove it.
I think I understand what you mean by but I'm not sure. Do you mean that because of our legal teams failure to use certain pieces key of evidence of ours and preventing me giving any evidence at all/not being allowed to question those who accused me that no proper defence was made ? I haven't made any exparte applications yet ? However I'm VERY tempted to ask for set-aside due to fraud and abuse of process in the next couple of days. I'm sure I've all the evidence I need for this but I'd welcome any opinion ? Thanks PP.
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