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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 13466
Experience:  25 years experience of all aspects of family law
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Dear Family Lawyer Team, I am in need of some clarity on

Customer Question

Dear Family Lawyer Team,
I am in need of some clarity on setting aside an order, which is still within the 21 days to appeal.
I have many questions.
1. I applied for permission to the CC judge, who denied permission. I believe now I have to complete a N161 and this then goes to a circuit judge. However, what I am confused about is that if my appeal is refused by circuit judge, is that the end of the road, or can I then apply to the court of appeal?
2. I have recently read that new case law stated that you can set aside an order by making a fresh application under CS v ACS and Another [2015] EWHC 1005 (Fam) (http://www.familylawweek.co.uk/site.aspx?i=ed144485). Does this mean if I fail via the appeal process, I can then use this new case law to apply?
3. Section 6 of N161: I am looking to get certain aspects of the order set aside, and this is on the grounds of fraud, misrepresentation and non-disclosure. However, within the appeal form it states you can only appeal on :
• wrong; or
• unjust because of a serious procedural or other irregularity in the lower court proceedings.
As I am appealing on multiple grounds, within Section 6 of N161 (Grounds of appeal), do I simply list each ground and state why I believe the judge was wrong. Is there an example you can provide me, so I understand how I would phrase each of the grounds.For example, the court was never given original documentation to inspect, and relied upon unproven information, which has then been found to the fabricated.
4. Section 7 of N161:
This section is for creating a skeleton argument for each ground of appeal. I am assuming, I need to follow this structure -> http://www.separateddads.co.uk/creating-skeleton-argument-for-court.html.
i. However, when I am detailing the law and case law, do I just list it or state why its relevant? Can you give an example please.
ii. Also, how would I then phrase submissions. Would it be something like, within bundle ref. bank statements are listed as xxxx, and the simple fact is this is not possible etc. Example would be helpful.
iii. Would it be frowned upon, if I provide my skeleton document 14 days after in order to get my appeal within the 21 days?
5. Section 10 of N161: Evidence in support
In Section 9, I want to apply for a stay of execution, as this includes a cost order, which I am aiming to get set aside. However, I am confused as to what exactly I put in section 10. As its states on the form : "You must set out in Section 10 your reasons and your evidence in support of your application". Do I add all the evidence I am relying on for the stay of execution, or for the entire application. i.e. documents I would be putting in the appeal bundle if permission is granted?
6. If I am appealing on new evidence to be added, which section on N161 do I make this clear. As the user guide for N161 states:
Remember that you must not include any grounds for appealing which rely on new evidence, that is evidence that has become available since the order was made. You may not produce new evidence in your appeal without first obtaining the permission of the appeal court. (See the notes to Section 4)
My query is where do I detail evidence that the lower court did not see, because the other side did not disclose it, and I attempted to get it, but was unable to as it was held at the FMH. However, this is evidence was emailed to the judge before the order was sealed, as he chose to rule that he has made his judgment and it would not give the other side a fair trial if he now considers this evidence. So I am now confused as to how to now state this. Also, would this evidence be considered under non-disclosure, as the other side provided statements, but deliberately left this one out to effect my credibility. I was thinking misrepresentation, as it could be argued that as it was a joint account, I did not disclose it either, but I can prove that I tried. Any thoughts on whether to go with misrepresentation or non-disclosure?
7. Do I need to complete any form of witness statement for the appeal to state where I believe the judge got it wrong, or is this covered in the grounds of appeal?
8. In terms of process, once I get permission to appeal, then it would be a case of presenting my appeal in full to a higher judge. Who will then make the decision about if the appeal is successful or not?
Thank you, ***** ***** response would be really appreciated.
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Please confirm which part of the UK you are in and the nature of the Order you wish to appeal.
It would also be helpful if you could give an overview of the grounds for the appeal
Clare

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