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UK-Justice, Barrister
Category: UK Bankruptcy Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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This morning I went to court as my IP was seeking a possession

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This morning I went to court as my IP was seeking a possession and sale of the matrimonial home. My bankruptcy was on 5th Feb 2010. He dated the application 4th Feb 2013 and was issued by court on 5th Feb 2013. His arguement was that a house in the same lane was up for sale for £600k (although it has now been taken off the market as it didn't sell). This would make £60k equity. My arguement was that he 1. Put the application in too late as it was issued after the property reverted back to myself, 2. the internet valuations recommended by the insolvency service placed the valuation at approx £480k.
In court, the documents which included my defence was sent to a different court by mistake. The usher copied the documents that the IP had and some of the documents I had (but not all of my defence) and the judge heard the case.
The judge had not read the few documents that I had copied and also said that it was not his place to rule on whether the application was too late although, he refered to the law and said it was out of time but, he was judging on the valuation.
Can I go back to court and appeal on the judgement of having the house valued on the following points:
1. The application was issued ouf of time as the property had reverted back to me
2. The documents were at a different court and not available to read at the time of the judgement yet, a judgement was made.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Did you seek leave to appeal at the hearing?
Customer: replied 4 years ago.

No, I was in such I state as the documents were at a different court and the IP produced a typed order for valuation that wasn't in the original papers, I was almost sick! The judge said he was only there to sort the date for valuation and although he read from a statute book that the property would have reverted back to me, he said that would be dealt with at the final hearing. I didn't say anything, the judge almost told me off saying that I had to comply with the IP.

So the judge was out of time for the app and didn't read what you submitted.

Did you take a note of his judgment?
Customer: replied 4 years ago.

He didn't read what I had submitted as the evidence was at a different court.

He ruled on the order just presented the same day by the IP which is to have the house valued with a view to realising equity then possession and sale of the property.

He said he wasnt there to decide whether the property had reverted back to me.


Customer: replied 4 years ago.

Sorry, forgot to mention, my defence was that the application was out of time therefore the property had reverted back to me.

Also, he had not followed proceedure in that he did not seek the recommended internet valuations suggested by the insolvency service. The first I heard that he thought there was equity in the property was 2 weeks before the application was filed.

All of this was not seen as all the documents which included my defence were at a different court.

You therefore need to complete form n161 - this is an appeal form.

You can only appeal if

A. There has been an error in procedure
B, There was an error in law
C.The decision made was one which no reasonable judge could have made.

You need to fill out the form and you need to seek leave to appeal on the papers.

If that is refused then you can seek leave orally.

In my view you have grounds for all 3.

Error in procedure in that your papers were elsewhere and the judge did not consider what you had to say, error in law in that the IP was out of time and decision unreasonable.

You also need to complete form ex107 - request transcript of tape. This is because to appeal you need the transcript.

You will need to pay a transcription firm to transcribe it.

But this is what you need to do to appeal but based on what you have said, I think you have grounds.

If there you have any questions or if I can help you with anything else please let me know.

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