How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33324
Experience:  25 years experience of all aspects of family law
13262538
Type Your UK Family Law Question Here...
Clare is online now
A new question is answered every 9 seconds

Clare - I need your help again. I have got a letter from

Customer Question

Hi Clare - I need your help again. I have got a letter from the court in relation to my appeal, and the wording has confused me. It states that "Application for leave for permission to Appeal shall be determined before xxx". The part I am confused about is it mentions "Application for leave", I thought this was only when the application was outside of the 21 days after the order was sealed. Can you clarify what the word leave means in this context?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
Remind me - did you say that the Judge refused permission at first instance?
Clare
Customer: replied 1 year ago.
Yes - the trial judge refused permission to appeal.
Expert:  Clare replied 1 year ago.
HI
That is why you now need leave to apply for permission to appeal
Do not worry about the wording - you are doing things correctly
Clare
Customer: replied 1 year ago.

Thank you, ***** ***** got me confused, and my initial thought was that they got the timing wrong, and thought they thought it was an appeal on Barder. However, a couple of things that would be good to know is:

1. What should I do to prepare for this permission hearing?

2. The trial judge who declined permission, mentioned a couple of things for his reason to refuse, which were:

i. new evidence is basis of appeal, unless appeal allows this, then appeal has no prospect of success.

ii. no application made under Barder principles (which made no sense to me) as the appeal was made within 21 days.

I truly value your support, but also your promptness is responding quickly.

Expert:  Clare replied 1 year ago.
Hi
For clarity - the Order was NOT actually made by Consent at all was it?
Clare
Customer: replied 1 year ago.

No, it was a contested hearing, and not made by consent.

Expert:  Clare replied 1 year ago.
Hi
In which case the reference to Barder is not relevant as such as that refers to *****
The main point to remember is that it is not enough to show that there was deliberate fraud - you have to show that it would have made a significant difference.
Clare
Customer: replied 1 year ago.

When you say difference, would it be enough to point to the numerous places the judges mentions this and how his decision on fairness is affected by this?

Expert:  Clare replied 1 year ago.
Hi
You have to show that the outcome would have been different if the Judge had seen these statements
Clare
Customer: replied 1 year ago.

when you say show, do you mean clearly demonstrate how the decision could be different, i..e based on fairness because of length of marriage etc.

Expert:  Clare replied 1 year ago.
Hi
More than that I am afraid.
You have to show that it is clear that if the missing evidence had been before the courts the Judge would NOT have reached the same outcome based on the Judgement that was given
You can how ever se the S25 checklist to assist
Clare
Customer: replied 1 year ago.

Hi Clare - could you clarify, in your answer above, are you referring to the appeal hearing or permission to appeal hearing? As my understanding is that the permission hearing will be based on principles laid out by Tanfern Ltd. v Cameron-Macdonald & Anor [2000] EWCA Civ 3023?

Expert:  Clare replied 1 year ago.
Hi
In fact it is both
This case is the one you need to look at
http://www.familylawweek.co.uk/site.aspx?i=ed127942
Clare
Customer: replied 1 year ago.

I have read this case before, and I thought that it was on its way to the Supreme Court, before it can be used for reference?

Expert:  Clare replied 1 year ago.
Hi
It was before the Court this week - although the Judgement will take longer (probably) but you can still use the references that were used as guidance
Clare

Related UK Family Law Questions