Concealing of Evidence needed to appeal a judgment

[des8]

Re: Concealing of Evidence needed to appeal a judgment

Hi des8 and thank you for your reply.

The judge at the original case dismissed my application for the other party to disclose the evidence still being concealed today, the Court also ignored an application that i had previousle made for the other side to provide a notice to admit facts.
Original case? Is this now at appeal?

In a nutshell any Orders applications that i made to undermined the other parties case was ignored not only by the Court dealing with the original claim but also its judges.
Have you made multiple applications?

Hope this helps.

The reason giving by the judge were that this evidence which included proof of contract was not important to the case which clearly and i would assume was and still is
Unable to comment as not enough detail

[andydub]

Re: Concealing of Evidence needed to appeal a judgment

The reason giving by the judge were that this evidence which included proof of contract was not important to the case which clearly and i would assume was and still is
Unable to comment as not enough detail

The original claim des8 and appeal cannot
be fully pleaded because the other-side are refusing to proof the funding and contract which breaches Data Protection is being denied which is subject to the ICO investigating and their request their protocol has also been denied by the other-side.

The two applications (1) Notice to admit facts (2) application to court for the other-side to proof funding and any legal contract to represent me were made on separate occasions both unfortunately ignored this after i had invited the other-side to to disclose and provide a notice to admit and to show that funding and a contract was in place.

The court and the judge took the same stance which as far as i am concerned was not the correct process.

The other-side made one single application to have my claim struck out, the court granted their application and the judge threw my case out

[des8]

Re: Concealing of Evidence needed to appeal a judgment

To return to your initial question: " can i supersede the lower courts appeals process and ask the Civil court of appeal to consider an application of appeal."
It is possible to apply for permission to appeal from the C of A itself, but an appellant's notice has to be lodged within 21 days , together with the grounds of appeal.
Fee for filing appellants notice is £240
Full documentation and a skeleton argument need to be provided soon afterwards.

[andydub]

Re: Concealing of Evidence needed to appeal a judgment

To return to your initial question: " can i supersede the lower courts appeals process and ask the Civil court of appeal to consider an application of appeal."
It is possible to apply for permission to appeal from the C of A itself, but an appellant's notice has to be lodged within 21 days , together with the grounds of appeal.
Fee for filing appellants notice is £240


Full documentation and a skeleton argument need to be provided soon afterwards.

Again thank you for that des8.

If a party is not in a position to provide full documentation which would support a grounds for appeal that would be included in the skeleton argument because the other-side are not providing the materiel in support of the appeal and denying a party the right to appeal on the evidence being concealed any rights to appeal directly after a hearing/judgment and based on the evidence one party has the right in any event is being denied i would have assumed.

It would appear that the other-side the courts and the judge at the last hearing have and without any legal privilege not only decided what evidence should have been considered before judgment was giving it would appear hat they have been giving those same unequal rights after the judgment by burying the evidence for a higher court/judge to consider, on which an appeal could be relied upon.

[des8]

Re: Concealing of Evidence needed to appeal a judgment

Viewing the time limit, do you still have the window of opportunity to apply for permission to appeal?

[andydub]

Re: Concealing of Evidence needed to appeal a judgment

Viewing the time limit, do you still have the window of opportunity to apply for permission to appeal?

The 21 days that i am led to believe would be the time period allowed to appeal the original judgment has expired des8.

That said if the Court and the other-side were not prepared for this documentation to be giving before judgment was made all were not prepared to consider/disclose the same crucial evidence because the evidence and within the appeal time period was being concealed by the other-party.

Whilst i do not want to go down the route of seeking to rely on Article 6 of the Human Rights Act because i do not feel that i was giving the rights to a fair hearing because the courts and the other-party should as far as i am concerned considered/disclosed that evidence this after being continually ignored i do not want to shift the blame on the Courts however and in particular the judges motives in not wanting to see or consider whether there was a legitimate contract in place, which is denied, should have been considered as this was central to what was being effectively disputed.

I pointed out at the hearing that those representing the other-side were placing reliance on previous claims dismissed similar to mine and were contained in their skeleton argument, i also tried to point out that those claims were dismissed and on the provision that a legitimate contract would have been place when those rulings were delivered for the party securing judgment, this was not the case on this occasion which seems odd but more importantly how can a defence or application to strike another parties case out be viable when they were not in a position in law to represent nor defend if the representation amounted to a challenge on negligence.

[seduraed]

Re: Concealing of Evidence needed to appeal a judgment

Have tried sending the other party a SAR?

[andydub]

Re: Concealing of Evidence needed to appeal a judgment

Have tried sending the other party a SAR?

Yes

I followed that procedure having been advised to do this by CAB.

I took the SAR and the the fee directly to the firm but to no avail.

This is why the ICO have now involved themselves but again the other-side feel that they are above following the needed procedures and do not need to comply, which borders on arrogance and stupidity because the problem is not going to go away.

I am waiting for their next move which will probably lead them to have to doctor or manufacturer this evidence which will be subject to forensic procedure that will ultimately prove yet another failed attempt to deceive, period.

[Kati]

Re: Concealing of Evidence needed to appeal a judgment

right, arguments aside (they've been deleted by me) ... is there any advice we can offer the OP here?

I do not want to have to close the thread due to pi$$takes and rows :focus: xx

[andydub]

Re: Concealing of Evidence needed to appeal a judgment