Re: Small Claims Appeal


"Ste" <ste_rose0@xxxxxxxxxxx> wrote in message
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On 17 Aug, 15:35, toadwarble <j...@xxxxxxxx> wrote:
On 17 Aug, 15:15, "The Todal" <deadmail...@xxxxxxxx> wrote:





"The Todal" <deadmail...@xxxxxxxx> wrote in message

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"toadwarble" <j...@xxxxxxxx> wrote in message
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I had a small claims matter go against me (as Defendant) and filed an
appeal.

I've just received an order from the Circuit Judge granting
permission
to appeal and staying execution on the original decision.

There will be a hearing next month.

Please could someone advise me of the format this hearing is likely
to
take:

Will it be a complete re-hearing from scratch?

Check with the court, but I think it won't be a re-hearing and you'll
therefore have to satisfy the CJ that the DJ got it wrong. And if you
lose, you'll probably be ordered to pay the costs of your opponent.

And if (as I believe) it won't be a re-hearing, it follows that you
must
obtain a transcript of the DJ's judgment or a document in which he sets
out
his conclusions, signed by him. That might be a bit difficult to
obtain, and
there will probably be a fee.

Incidentally, all this assumes that you were present when your small
claim
was determined by the DJ, which is implicit in your question. If you
didn't
turn up and judgment was given in your absence, you might be able to
get a
re-hearing.

I got all that - I've put up the whole gory lot
atwww.john.collins.name/woodmaster

Enjoy!

I've read the transcript and the Judge takes the view (which is
correct in my view also) that on 21st May 2008 you had agreed to
purchase a door in the 'Monza' style with the quoted ironmongery, and
the outcome of the hearing is that you must now pay for this door and
ironmongery according to the agreed specification, and you will have
the door to keep.

I can see no grounds for appeal in respect of the decision that there
was indeed a contract in force from 21st May 2008.

Also, the appeal is *not* a rehearing of that point, and it is not
expected that you will attempt to reargue it. Based on the order
giving permission to appeal, the sole matter at hand is the quantum of
damages and liability for costs. In other words, the appeal is
concerned with "how much you should pay Woodmaster Joinery".

And if you wish to proceed with the appeal, then you will need to
state more concisely (confining your argument to the relevant issues
on appeal) why you believe the damages are too high, and why you
believe you should not have to pay costs.

I suspect that the main point of the appeal or at least one of the main
points, will be to argue that when the claimant (the supplier) sent a fax
saying "I consider that you have terminated our contract", this rendered the
contract a nullity and discharged the defendant from any obligation to pay
anything.

I think the word "terminated" was unwise, and "repudiated" would probably
have been more accurate legally, but the judge seems to have come to a fair
and sensible decision based on the evidence.



.

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