Re: Small Claims Appeal

On 18 Aug, 01:05, Ste <ste_ro...@xxxxxxxxxxx> wrote:
On 17 Aug, 23:52, toadwarble <j...@xxxxxxxx> wrote:



On 17 Aug, 20:50, "Peter Crosland" <g6...@xxxxxxxxxxx> wrote:

"toadwarble" <j...@xxxxxxxx> wrote in message

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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 at
www.john.collins.name/woodmaster

Enjoy!

Interesting reading. Having read it all I would say that you have two
chances of winning your appeal, slim and none. Cut your losses and pay up
before it costs you any more.

Peter Crosland

.
For what it's worth I went over it this evening with a guy (OK in a
pub and it cost me a few drinks) who is a solicitor in a large
national firm.

He thought my chances of winning on the repudiation point were about
55% and the quantum of damages issues about 95%
It was unfortunate that the issue got sidetracked by the "was there a
contract" question (which no one doubted until Woodmaster started
bandying about their Ts&Cs to bolster one argument but we spotted the
clause about there being no contract until they had acknowledged it in
writing).

Did this solicitor in the pub have access to the papers from your
case? If not, then I suggest his advice is worth as much as you paid
for it. The Judge correctly identified that the claimant's T&C were a
total red herring, and were not part of any contract, and cannot be
relied upon by either party.

I agree and accept that the T&C were indeed a red herring - not one I
introduced however. Woodmaster tried to introduce them to bolster one
of their points but I said "what about Clause C" (which said that they
had to acknowledge orders in writing). They even tried to argue that
"accepted in writing the customers order" should be read "accepted (in
writing the customer's order)" not "(accepted in writing) the
customer's order" so they tried to make something out of that.

We would have done better if the household legal expenses people who
wrote the original defence hadn't wasted so much time on it and the
counsel we had tried to argue that to the exclusion of all other
issues.

From our viewpoint the key issue is that he said "go away we won't
make your door" and put that in writing. Up and until that point we
had every wish for him to make the door - and indeed make a frame in
addition. We don't see how we are in breach of contract in seeing what
he said and wrote to us as terminating the contract.


It is to be noted that the permission to appeal excludes argument
about that point.
.

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