Small Claims Track Appeal :: Guidance/Thoughts needed

[johnharding]

I was in a Small Claims Hearing today with a friend as a Mackenzies Friend and we lost the case. I think we have grounds for an appeal/set aside with what happened in the hearing.

 

1. The claimant submitted their witness statement to the respondent (my friend) within six days of the hearing as "she was out of the country". She did send a copy to the court in good time and the judge refused to strike out the claim as "we had had ample time to prepare" for the case.

 

2. The claimant brought along a witness that she had failed to submit a witness statement for. We asked the judge to bar him from giving evidence as we had not prepared for his testimony and the judge refused. He was a key witness and on reflection there were some holes in his arguments but we couldnt spot them at the time to make it count.

 

3. When my friend started giving evidence the claimant shouted across the courtroom to "Watch what you say". The judge told her to be quiet but it was clearly designed to intimidate and threaten the witness (it worked).

 

There were other more minor things but the question is, do CAGgers think we have a case for appeal/set aside on the above points.

 

Many thanks for your thoughts,

 

 

John

[Guest]

john

imo

difficult to say 'on the points above' you have posted. but, in deciding whether or not to allow the witness evidence (point 2), the J should've considered, following your non consent, whether or not its admittance at that stage would be 'unfair'/prejudicial in the circumstances.

re point 2, did you ask for an adjournment to consider their 'new' evidence?

are there any other poss grounds for appeal?

did you ask for permission to appeal at the time?

note CPR 52, and associated Practice Direction. and CPR 32 (eg 32.10), CPR 33 etc.

[johnharding]

We did not ask for an adjournment as he wasnt receptive to anything I had to say. In hindsight, I probably should have asked.

 

We did not ask for an appeal but were told the hearing was being taped and we could ask for a copy if we wanted to appeal at the beginning of the hearing. (We will be doing this)

 

John

[Guest]

note CPR 32.10 for an eg.

imo. from what you've posted. unless you have any other poss grounds for appeal, then you may be on to a long shot. hope i'm wrong though!

note any poss costs implications.

Edited November 2, 2010 by Ford

[johnharding]

He also misinterpreted a letter of evidence so it read something different to what it said.

 

We would appeal against the decision as it is wrong (based on the evidence provided) and the conduct of the hearing.

[Guest]

IMO. without fuller details, it is difficult to comment on whether a case can be appealed or not. legal advice may be a good idea. good luck though.

Edited November 2, 2010 by Ford