One for the lawyers
Discussion
was acting for the Claimant in a civil case and have just lost at Court, sort of.
Long story, but the issue was whether or not there'd been a breach of contract. The Defendant was a lay Defendant whom the Court bent over backwards to accommodate.
Despite me hammering them in cross-examination and establishing beyond doubt that they were in breach of contract, which the District Judge accepted in their own judgment, they weren't penalised...
Gutted. Can anyone tell me when the raging feeling of sickness at the bottom of my stomach is likely to end?
Long story, but the issue was whether or not there'd been a breach of contract. The Defendant was a lay Defendant whom the Court bent over backwards to accommodate.
Despite me hammering them in cross-examination and establishing beyond doubt that they were in breach of contract, which the District Judge accepted in their own judgment, they weren't penalised...
Gutted. Can anyone tell me when the raging feeling of sickness at the bottom of my stomach is likely to end?
SpaceCowboy said:
was acting for the Claimant in a civil case and have just lost at Court, sort of.
Long story, but the issue was whether or not there'd been a breach of contract. The Defendant was a lay Defendant whom the Court bent over backwards to accommodate.
Despite me hammering them in cross-examination and establishing beyond doubt that they were in breach of contract, which the District Judge accepted in their own judgment, they weren't penalised...
Gutted. Can anyone tell me when the raging feeling of sickness at the bottom of my stomach is likely to end?
May I suggest by way of appeal request the District Judge to state his/her case and further request from the Clerk the transcript of hearing. Good Luck
What I have done in some traffic cases which of course are classed as criminal is to lodge an appeal by Stated Case. The judge is then compelled to write a Stated Case containing the guts of his/her trial notes and the legal basis for his/her judgement.
I have found on many occasions, particularly those involving magistrates, that there was no legal basis for the judgement, it was founded on personal prejudice; e.g. the police never lie! With a case like that you almost always win an appeal because a superior court recognise the legitamicy of your arguments IN LAW, that is what is important. I have found that reasonable doubt means almost nothing to most magistrates, but works instantly in the High Court.
If you don't think that you have a case for appeal you can simply abandon it. It is the only way you can actually get inside the head of the judge.
In Scotland in Civil Matters you can appeal to the Sheriff Principal without having to go to the High Court. This is much cheaper, quicker and avoids the requirement of having to use a barrister.
Hope this helps.
I have found on many occasions, particularly those involving magistrates, that there was no legal basis for the judgement, it was founded on personal prejudice; e.g. the police never lie! With a case like that you almost always win an appeal because a superior court recognise the legitamicy of your arguments IN LAW, that is what is important. I have found that reasonable doubt means almost nothing to most magistrates, but works instantly in the High Court.
If you don't think that you have a case for appeal you can simply abandon it. It is the only way you can actually get inside the head of the judge.
In Scotland in Civil Matters you can appeal to the Sheriff Principal without having to go to the High Court. This is much cheaper, quicker and avoids the requirement of having to use a barrister.
Hope this helps.
spacecowboy - after 10 years of experience in civil litigation it takes about a week to stop getting on your tits.
Yesterday we suffered a ridiculous defeat in a big case that just about somes up the modern litigation culture. I act for a number of Defendant employers and this was just another example of how the whole culture has developed and impossible to fight.
Permission to appeal was refused so it means an application to seek permission to appeal in the first instance. Yet more expense if my client wants to follow that route.
Dont let it get you down mate. Chin up, its the weekend
Yesterday we suffered a ridiculous defeat in a big case that just about somes up the modern litigation culture. I act for a number of Defendant employers and this was just another example of how the whole culture has developed and impossible to fight.
Permission to appeal was refused so it means an application to seek permission to appeal in the first instance. Yet more expense if my client wants to follow that route.
Dont let it get you down mate. Chin up, its the weekend
Hi schnozz, thanks for the words of encouragement.
Funnily enough, my boss said it'd take about a week as well! I've been doing civil lit for about 7 years but only qualified a year ago.
It's the first time I've lost and I can't imagine it'll be the last, it's just the fact that this particular decision is literally contrary to the law as it presently stands yet the DJ thought that was irrelevant!
Well, it's my birthday today so I'm going to get even more ratarsed than I originally intended!
Funnily enough, my boss said it'd take about a week as well! I've been doing civil lit for about 7 years but only qualified a year ago.
It's the first time I've lost and I can't imagine it'll be the last, it's just the fact that this particular decision is literally contrary to the law as it presently stands yet the DJ thought that was irrelevant!
Well, it's my birthday today so I'm going to get even more ratarsed than I originally intended!
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff