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Legal matters

Legitimate Reasons To Appeal A Court Order

4 replies

bustrainwalkwalk · 02/09/2014 17:38

Can any one tell me what are the requirements/guidelines for appealing a Court Order which has already been made. Or direct me to somewhere online which lists the reasonable reasons.

The Order was made at a hearing a month ago. Civil Court. Defendant didn't turn up to the hearing but has made an application (posted a copy to me before taking to Court) to appeal the Order claiming I misled the Judge- I didn't but how would he know he wasn't there! He states I didn't show X evidence but I did and the Judge took a copy but it didn't affect his decision.

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babybarrister · 03/09/2014 09:15

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bustrainwalkwalk · 03/09/2014 17:58

Thank you. The hearing was today. It went in my favour and the defendant was told by the Judge their list of reasons for appeal were all "irrelevant" and "not good enough" which is great news.

The defendant stated they would not comply with the Order. (The Order that states a property will be sold that the defendant is living in) and the Judge told me I need to apply for the Order to be forced as the defendant is breaching the Order purposely and in contempt of court.

I asked for the Order to be amended to show I have sole conduct of the sale but the Judge refused to amend another Judge's Order.

Can you tell me what to do now? I can't find lots of info online for enforcing Order where someone must pay a sum of money-
Bailiff's, Deduction Of Earnings etc but nothing to say how I apply to have an Order of Sale enforced when the co owner won't comply and sign. Not even which Court form Hmm

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babybarrister · 03/09/2014 19:52

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bustrainwalkwalk · 03/09/2014 20:13

Thank you. My application that was heard today was to change conduct of sale. I filed it on a general N1 form and asked for conduct to be changed from joint to sole given his refusal to sign Estate Agents agreement as per the Order. I specifically stated what I wanted and why. I was so sure I'd done the right thing...

The Judge said he couldn't change or amend any details of the Order that another Judge had made . I asked what I should do then as I thought I had done it the right way and the Judge said as the other party refuses to comply with the Order I must make an "application for enforcement of the original order not just try and change it"

I just don't understand - I was sure I did things the right way..

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