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What does this mean on the bottom of an Order?

11 replies

ConfusedandTiredandHadEnough · 31/03/2021 23:19

I applied for Leave to Appeal, and it was dismissed. What does this phrase mean?

What does this mean on the bottom of an Order?
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MrsBertBibby · 01/04/2021 08:45

It means if you think the court should hear your arguments rather than deciding on the papers, you can ask for a hearing to be listed, by sending in your written arguments.

Delphigirl · 01/04/2021 08:50

No that’s not quite right. It means you can ask for a hearing so that you can make oralarguments, and see if you can persuade the judge to give you permission to appeal, despite the fact that on just looking at the papers the judge didn’t think you have got over the appeal threshold.
You *must write in /email within the 7 day period, and if you do it will be listed for an “oral reconsideration” hearing.

prh47bridge · 01/04/2021 08:56

I'm not sure what Delphgirl is disagreeing with. She seems to have said the same as MrsBertBibby but with a bit more detail. Both have said what I was going to say.

ConfusedandTiredandHadEnough · 01/04/2021 14:05

Thanks. Is there any point?

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prh47bridge · 01/04/2021 14:08

Probably not but it is impossible to say for certain without knowing a lot more about your case and your grounds for appeal.

ConfusedandTiredandHadEnough · 01/04/2021 14:16

I mean, the Appeal Judge was pretty scathing to me but he doesn't seem to have understood my arguments.

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prh47bridge · 01/04/2021 14:25

That may mean your arguments were not relevant. You can't appeal just because you disagree with the original decision. You have to show that the judge applied the law incorrectly, followed the wrong procedure or that the decision was perverse (i.e. contrary to the evidence).

ConfusedandTiredandHadEnough · 01/04/2021 21:23

I supplied new evidence. The ruling the Appeal Judge gave didn't sound like he had understood the arguments I was making.

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ConfusedandTiredandHadEnough · 01/04/2021 21:24

Evidence which wasn't available for the original Hearings.

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prh47bridge · 01/04/2021 22:49

If this is a family court case, you don't need to appeal if you have new evidence. You can ask the court to vary the order on the basis of your new evidence.

ConfusedandTiredandHadEnough · 02/04/2021 00:34

I think I have made a massive mistake by being an LiP. As it involves changing Schools they have just been moved to, and the Judge says this move should have been final, I can't see they would vary it.

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