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Appeal Bundle

This forum is for asking questions about your own case. Please do not use any real names here for yourself or your children.

Appeal Bundle

Postby jojo1981 » Tue Sep 08, 2009 4:11 pm

I have had a letter from the court of appeal requesting my appeal bundle be filed by this friday! They have given me a week I got the letter last friday. I have my appellants notice, the orders, the judgement & skeleton arguement but its the rest I really dont understand. Do I include my whole bundle from my initial case coz thats about 3 boxfiles full and im not sure I have all of it? This is only for my permission to appeal. Im totally confused by all of it! I dont have itness statements to back up my appeal I dont think coz i cant introduce new eveidence without permission...? or so I thought.

Can Anyone help?

:x
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Re: Appeal Bundle

Postby UKSecretCourt1 » Tue Sep 08, 2009 5:57 pm

This pdf might help out.
http://www.hmcourts-service.gov.uk/courtfinder/forms/204_0709_e.pdf

1. No, for permission to appeal, you don't send all the previous casework. BUT you must send in copies of the previous judgement. **Court Orders are CRITICAL**

On the pdf, check out section 5
You must ONLY include documents which are relevant to the appeal or application. All documents that do not relate to the issues to be considered must be excluded.
5.3 You must only put in the bundle documents which were before the court, or tribunal, that made the decision you want to appeal.
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Re: Appeal Bundle

Postby loving Mama » Tue Sep 08, 2009 6:01 pm

UKSecretCourt1 wrote:This pdf might help out.
http://www.hmcourts-service.gov.uk/courtfinder/forms/204_0709_e.pdf

1. No, for permission to appeal, you don't send all the previous casework. BUT you must send in copies of the previous judgement. **Court Orders are CRITICAL**

On the pdf, check out section 5
You must ONLY include documents which are relevant to the appeal or application. All documents that do not relate to the issues to be considered must be excluded.
5.3 You must only put in the bundle documents which were before the court, or tribunal, that made the decision you want to appeal.




5.3 - Does this refer to the current pleadings bundle, and would a full copy of the judges file suffice??????
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Re: Appeal Bundle

Postby UKSecretCourt1 » Tue Sep 08, 2009 6:03 pm

Section 4

4. The following rules must be followed in every case. These rules and requirements are important. If your bundle does not comply with them, it will delay the progress of your case and may lead to your appellant’s notice being dismissed for your failure to comply.
4.1 Put copies of the following documents into the bundle in the same order as they are listed below. Do not use originals.
a) a sealed copy of the appellant's notice;
*You have this already*

b) any skeleton argument you intend to rely on unless it is already included in your appellant's notice;1 (Please see Form N163 for guidance)
*You have this already*

c) a sealed copy of the order being appealed. If you have not received it, file it as soon as you have;
**Court Order - this is CRITICAL**

d) any order giving or refusing permission to appeal, together with a copy of Form N460 recording the judge's reasons for allowing or refusing permission to appeal;
*You won't have this, as you're asking for permission to appeal**

e) any witness statement or affidavit that supports any application included in your appellant's notice;

f) a “transcript” of judgment which sets out the full reasons for the Judge’s decision. See para.6 below;
*I didn't have a transcript, just solicitors handwritten note. It was acceptable to say that I didn't have one*

g) where permission to appeal has been given or permission is not required; those parts of any transcript of evidence2 which are directly relevant to any question at issue on the appeal (see para.6.10);
h) the claim form and statements of case (where they are relevant to the subject of the appeal);
i) any application notice (or case management documentation) which is relevant to the subject of the appeal;
1 It is strongly recommended that you file a skeleton argument as it will help both you and the Judge to understand the basis for your case. If you are unable to file it with your appellant's notice you must do so within 14 days.
2 For example, the evidence of the main witness who gave evidence at the trial.
What do I have to do?
How do I prepare an appeal bundle?
j) in cases where the decision you want to appeal was itself made on appeal (e.g. from district judge to Circuit Judge), the first order, the reasons given and the appellant's notice used to appeal from that order;

k) in the case of judicial review or a statutory appeal, the original decision which was the subject of the application to the lower court;3

l) in cases where the appeal is from a Tribunal, a copy of the Tribunal's reasons for the decision, a copy of the decision reviewed by the Tribunal and the reasons for the original decision and any documents filed with the Tribunal setting out the grounds of appeal from that decision;

m) any other documents which are necessary to enable the Court to reach its decision;4

n) such other documents as the court may direct.


Mobaldy and JH are the gurus on COA applications - so I'm sure you'll get lots of info pretty soon.
But hope this helps in the meantime.
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Re: Appeal Bundle

Postby UKSecretCourt1 » Tue Sep 08, 2009 6:09 pm

What do I do if the judgment was not recorded?
6.9 Where the judgment was not given in writing and was not officially recorded, it is the duty of any lawyers who were acting in the case to take written notes of the judgment. In such a case, you will need to obtain a typed note of judgment from one of those lawyers.

^^this is what happened to me^^

So there may NOT be a judgement recorded, it'll be different for each case, which I find perculiar, as I would have ASSUMED the reasons for the judgment would HAVE to be recorded, but what do I know!! Come to think of it = what do they know!!
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Re: Appeal Bundle

Postby UKSecretCourt1 » Tue Sep 08, 2009 6:13 pm

loving Mama wrote:
UKSecretCourt1 wrote:This pdf might help out.
http://www.hmcourts-service.gov.uk/courtfinder/forms/204_0709_e.pdf

5.3 You must only put in the bundle documents which were before the court, or tribunal, that made the decision you want to appeal.




5.3 - Does this refer to the current pleadings bundle, and would a full copy of the judges file suffice??????


erm, right. Now we're outside of my direct experience. Mobaldy and JH would be able to guide you here.

But it's quite a slim package that gets to the COA. It's just the issues on which the lower courts have "cocked up" for want of a better phrase.


Oh, I'm so sarky about our judiciary these days. They're below Bankers. :shock: :shock:
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Re: Appeal Bundle

Postby jojo1981 » Tue Sep 08, 2009 6:42 pm

UKSecretCourt1 wrote:Section 4



g) where permission to appeal has been given or permission is not required; those parts of any transcript of evidence2 which are directly relevant to any question at issue on the appeal (see para.6.10);
h) the claim form and statements of case (where they are relevant to the subject of the appeal);
i) any application notice (or case management documentation) which is relevant to the subject of the appeal;
1 It is strongly recommended that you file a skeleton argument as it will help both you and the Judge to understand the basis for your case. If you are unable to file it with your appellant's notice you must do so within 14 days.
2 For example, the evidence of the main witness who gave evidence at the trial.
What do I have to do?
How do I prepare an appeal bundle?
j) in cases where the decision you want to appeal was itself made on appeal (e.g. from district judge to Circuit Judge), the first order, the reasons given and the appellant's notice used to appeal from that order;

k) in the case of judicial review or a statutory appeal, the original decision which was the subject of the application to the lower court;3

l) in cases where the appeal is from a Tribunal, a copy of the Tribunal's reasons for the decision, a copy of the decision reviewed by the Tribunal and the reasons for the original decision and any documents filed with the Tribunal setting out the grounds of appeal from that decision;

m) any other documents which are necessary to enable the Court to reach its decision;4

n) such other documents as the court may direct.





See its pretty much this part I have a problem with....do i send in the reports put before the court by the Guardian stating her 2 visits through the whole case?
The s.w and psychologists reports insisting that assessments be done that werent and also the s.w report on the allegations of my ex-husbands drug taking that werent followed up? And my childrens letters to the judge? These were all part of my case and are part of my reasons for appeal
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Re: Appeal Bundle

Postby UKSecretCourt1 » Tue Sep 08, 2009 7:12 pm

They only want the documents that directly support your appeal.

So only if a statement supports your appeal.

1. Can you prove that the SW and shrink reports were not done? How would you prove a negative? They will claim they were done, and have the reports as evidence. How will you counter that?

2. Are the allegations on drug taking being disputed? If so how will you prove that innocence (ie drug tests that show negatives - and that the SS didn't include these negative results).
So they are plainly wrong in what they say.

Basically imagine a giant pantomine. They're ignoring the crocodile and you're shouting it's behind you.
But can you prove it's behind them (written documents, doctors letters etc).

You would only include the childrens letters if they are a basis of the appeal. So do the SS say the kids don't want contact, but the letters show that they do?
Remember the SSwill bring in "plausible rival causes" ie lies!! They will say you asked the children to write theseand they did so under duress, and so you are guilty of that catch all phrase emotional harm. Hopefully this isn't what is in dispute, but be ready for the lies, that's all.

As a rule, put in your arguments, and written evidence that directly DISPROVES what the SS have said.

Try to "TRIANGULATE" the evidence. Ie have 2 or 3 sources to disprove the SS
When the judge looks at it - the weight of evidence is on your side.
At the moment I'm guessing the SS/Shrink are 2 to 1 against you. You need to redress this balance if you can, so that it's 2:2 or 3:2 in your favour,

Hopefully Mobaldy will be on line soon. He's the guru on this stuff and has been in the COA so can talk from actual experience. He says nice things about them, they have a different atmosphere, which is wonderful! Yay!!
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Re: Appeal Bundle

Postby Andrew » Tue Sep 08, 2009 8:00 pm

Here is a real index I used recently:

IN THE COURT OF APPEAL CIVIL DIVISION County court Case number: **********


P
and
Nottingham city council


(Contact case)

INDEX

Main Documents Section
Appellant's Notice A
Skeleton Argument B
Grounds of Appeal C
Order dated: 27/05/2009 D
Witness Statement in support of application for a stay of execution E
Transcript of judgment F

Evidence
Position statement of Miss P (from previous proceedings to prove a point) G
New Report from Expert Psychiatrist H


------------------

The first section is the basics under 'main documents'.

Hope it helps, the Council are responsible for the main bundle ie care proceedings bundle and they should give you one if you do not already have 1
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Re: Appeal Bundle

Postby jojo1981 » Tue Sep 08, 2009 8:10 pm

The S.W stated in her evidence that the assessment must be done and that she believed the psychologist was doing it. The psychologist insists in her report an indepth assessment must be carried out and it wasnt. Both stated in their evidence that they had thought the other professional was responsible for this and that it had not been done.

The childrens letters were written on the say so of the S.W and its stated in her report due to the fact that the Guardian still hadnt visited 2weeks before the final hearing was due to start. So the children wote letters with a neutral party stating they wished to remain in my care with their sibings. They have been split up to 3 different locations 200 miles apart an have had no sibling contact in 6 weeks except for 1 day that was put together by me and my parents costings us £200 and 24 hrs of driving

My ex-husband failed 2 drug tests for canabis the 2nd being during te final hearin when my 10yr old daughter made an allegation to a professional at school when she started to learn about drugs and realised her dad has been smoking cannabis infront of her for years!! s.s decided that no test could prove if this was true so didnt follow it up despite the ex lying twice about his drug use GRRR

How would i make it 2:2 on the professional side? or even 3:2?
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Re: Appeal Bundle

Postby UKSecretCourt1 » Tue Sep 08, 2009 10:00 pm

OMG! LMAO!! You've just cracked me up. What are these idiots like!!

So both your SW and shrink are pointing fingers at each other!!
Yay!! Perfect answers. I thought the reports from both the SW and shrink were negative against you. However, (falls off chair laughing) that's not quite the case here.

Brilliant answer about the letters, if they're at the request of the SS they won't dispute them. That's fair enough, the failure of the Guardian is outside of your control.

So it's getting the index in the order that Andrew's just posted and thats it.

Have they taken the kids into care cos they're awaiting a shrink report? Is that what they've done?
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Re: Appeal Bundle

Postby jojo1981 » Tue Sep 08, 2009 10:15 pm

My oldest child is in foster care, the other 2 children are with their fathers. This was the outcome of the final hearing. Im appealing the judgement made by a circuit judge in the county court. My eldest daughter has been gone for 6 weeks and hasnt had a visit from a s.w yet!! Despite them feeling that she would struggle as she was adamant she wanted to remain in my care with her siblings

Both reports are negative about me however they both state that a full parenting assessment be done on my exhusband. This was not done. They both believed the other was going to be responsible for it. The psychologist was adament that needed to be done and had concerns about my daughter going to her father (who is a violent criminal & drug addict) without this full assessment that even the Guardian felt should be done too and when she was backing me (she changed her position 5 days into the final hearing) she insisted this was extremely important
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Re: Appeal Bundle

Postby jojo1981 » Wed Sep 09, 2009 10:09 pm

Does anyone know if I need to file the full statement by the psychologist or just the relevant section?
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Re: Appeal Bundle

Postby Andrew » Thu Sep 10, 2009 7:33 am

jojo1981 wrote:Does anyone know if I need to file the full statement by the psychologist or just the relevant section?


The relevant section should be fine (as they have full bundles in which the report would be included), but then again how long is the report? if it standard size then just send the whole thing.
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Re: Appeal Bundle

Postby mobaldy2005 » Thu Sep 10, 2009 7:49 am

Other important docs that Must be filed are the initial applications that started the origional proceedings.

If you need more time to file bundle just phone your case manager, it is usually Rita Downes in the COA who deals with Family cases, give her office a quick ring, her number should be on the letter, she will understand the delay in filing, but bear this in mind the more time you need to file the more time it will take to set a date for the appeal.

With regards to the Psychology statment/Report, only include if that is part of your appeal application.

What you need to do is remember your initial application is for premission, all this means is you need to persuade the Judge/judges that the Judge in lower courts came to the wrong conclusion, not followed the laws as per application, or new evidence has come to light, as it will be just YOU and the judges, there's no reason why any other party will be present at the permission hearing, you need to show that your case hans't been fair and just.

You don't need many docs for that initial hearing, however if permission is granted, then the whole docs would need to be filed, now this can be from the Local Authority who do this, no doubt they will too, you can however as its your application have any document you see fit and that will benefit your application filed in the bundle, also any new material thats come to light (if any), L.A's won't put these in if it doesn't benefit them.

INITIAL DOC's for permisson are along the lines Andrew has stated above, just add the initial applications, please make sure the index is correct, and pages are paginated (numbered) as per index.
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