Appealing small claims judgement. Options?

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  • Appealing small claims judgement. Options?
  • flanagaj
    Member

    Can I appeal a case on the basis that the judge did not ask the defendant to produce key evidence items to back up the claims made on witness statements when the witnesses were not present in the court?

    Especially, considering I feel that they would have shown that what the witnesses were saying was untrue.

    Premier Icon angeldust
    Subscriber

    Assuming this is real 😜, this is not a good place to be getting advice on this

    flanagaj
    Member

    I was hoping there would be a legal beagle forumite who might be able to give some guidance.

    regenesis
    Member

    There’s at least three solicitors on here and I think a Barrister so not a bad place in fairness.

    Premier Icon angeldust
    Subscriber

    I’m afraid For every good bit of advice you will get 20 know it all armchair warriors who think they know better offering complete nonsense. You’ll need a pretty good filter 😁

    Premier Icon dangeourbrain
    Subscriber

    Worthless to the op but i can’t help but wonder why you would be thinking about this.

    Surely the main point of the small claims court is it’s for small claims and cheap to use. I’ve no idea if you can appeal the verdict but i can’t imagine it’s going to be worthwhile financially given the low value of the claim and the cost of legal proceedings in general, which is why (i assume) you didn’t have a solicitor taking care of it for you who can now advise the next step.

    cynic-al
    Member

    look up the rules, appeals are usually on a point of law only .

    Barrister

    He wants legal advice not a coffee!

    flanagaj
    Member

    Yes.  I stupidly assumed that in a misrepresentation case the judge would have requested the associated written inspection report evidence from the defendant to substantiate the claims cited in the witness statements rather than taking said claims at face value.   I requested that the defendant prove that the cited statements were true and factual and the only way to actually do that was to produce the written inspection report (didn’t actually exist!) from which said claims were based on.

    Feel like the judge had made her decision before she even sat down.

    Jakester
    Member

    If you did want to appeal, you have a limited time in which to do so, usually 21 days from the date of the decision you wish to appeal.

    So if it’s longer than that, you’re unlikely to be successful irrespective of the merits.

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