How to Appeal from the County Court? An overview by legal adviser - Milton Firman

MANCHESTER, U.K. - Oct. 10, 2013 - PRLog -- When you lose a case in the County Court, it might be that you were in  the Small Claims Court, in the Fast Track before a District Judge, or even before a Circuit Judge, again in the same Court. This is dependent upon the nature of the claim, and often its value.  Who heard the case will determine where an Appeal goes.

In  each and every case, there is no automatic right of Appeal and permission must be sought. Initially at the end of the case, if it goes against you, you can seek permission  from  the trial Judge. If refused, you can then ren ew the Application  to the Higher Court. In essence, when you appeal, there are far more restricted groun ds of appeal required than you may at first imagine.It is not enough to say that the Judge just got it wrong. Appeal Courts are essentially looking for something more dramatic - a point of law or some procedural irregularity or may be some fresh evidence that was not available at the time of the trial.It is worth looking at Part 52 of the CPR (Civil Practice Rules) for guidance. These rules apply to appeals to the civil division of trhe Court of Appeal, the High Court and the County Court. For example, from  a District Judge's decision, you would generally appeal to a circuit Judge of the same Court. It is essential that you check that you are appealing to the right Court - a mistake can  easily be made.

The assumption is that an Appeal generally needs to be lodged within 21 days of the Order appealed against, but that is unless the Order itself substitutes another period of time for doing so. If you are out of time, you can still appeal but you need to apply out of time and justify the delay - yet another obstacle to overcome. Time is therefore very much of the essence.

When appealing you must use the Appellant's Notice and fill in as required givin g the Grounds for Appeal. Remember, though, not to regurgitate all the evidence as that is not generally relevant. As well as the Appellant's Notice and the Groun ds together with the Applicable Court fee, you will then need to seerve the other side which you need to do immediately and not later than 7 days after lodging if possible.  You will be asked by the Appellate Court (i.e. the Court you are appealing to) to provide a Skeleton Argument and a Court Bundle. Again, look to the CPR for guidance. If you are actin g in person, the Court may well excuse you from filinmg ther Skeleton. The bundle you will have to do and should not include any without prejudice communications but must be paginated, and indexed. Do not use copies on both sides either.

If permission is refused on  paper, you can generally renew your application  for permission orally before a Judge in open Court. It will be listed for a brief hearing when the Judge will hear what you have to say. So get practising.

Hope that helps.

MILTON FIRMAN

www.the-legal-company.co.uk