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Very Very interesting Judgment

This forum is about court forms and procedures in court.

Postby Andrew on Mon Mar 30, 2009 6:10 pm

I was told that as my case was still "live", I can't yet apply for Europe.

But if the final hearing is in July, then after that I can. Is this right?


Yes, unless you appeal to the CoA (in this instance you have to apply to the ECtHR after the CoA)

Same thing if you happen to take the case to the HOL after the CoA (if your not prevented by the CoA in doing so)

Basically when you have tried everything to overturn the decision of the final hearing and nothing has worked and you believe you rights were breached then you go to the ECtHR.
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Postby Freebird230773 on Tue Mar 31, 2009 10:01 am

Hi

I took my case to the ECHR but it was AFTER I went to the Court of Appeal.

The system (unless changed) when I did it in short is.

1 hearings at county court

2 Apply to go to the court of Appeal. You have to express your wish to appeal within 14 days of the judgement of your final hearing well I suppose it can be any hearing during the proceedings. At the time I did it I didn't know so needed permission to appeal out of time. It was a rigmaroll we went as L.I.P's as our sols didn't want to know. We got a hearing and at this hearing the judge ordered legal aid to pay for me to get my sol back because he acknowledged my visual problems and how I prepared my paperwork. This is why I had to also get permission to appeal because it took me months to do all the paperwork.

I had a second hearing at the C.O.A which we were told we were refused permission to appeal but it was an appeal any way because we got a judgement. The judges were very pleasant and gave us a lot of sympathy but I would have rather have had the freeing order overturned as that is what we were appealing.

The next stage is to petition the judiciary office at the House of Lords and get a letter from them saying that all domestic avenues in the UK courts have been exhausted under certain articles of the european convention. The house of Lords will then send you a letter back saying that your case is inadmissable but you are now free to take to the ECHR articles 35 I think it is and a few others. I am sorry guys I have forgotten what they are! I'm in "thick" mode today lol.

The next stage is to download the application form from the ECHR website and fill it in and send the paperwork. It is 3 years since I did it so it may well have changed. All the judgements have to be put at the front of the bundles but when you send for your stuff they usually give you instructions.

Sadly my case went belly up in the ECHR but it was seen by a panel of judges so when I find my kids I can show them how much I tried and fought for them. When that letter came through the door just before christmas it really hit home that I had reached the end of the line. I hope to contact a show like Jeremy Kyle to find my daughter in 10 years time. That 10 years will soon go if I keep all this up and keep bisy with stuff.

I am determined that I will find them and let them know that they were fought for.

Freebird
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Re: Very Very interesting Judgment

Postby dormammau1886 on Tue Nov 03, 2009 4:29 am

YOUR IN OUR HAERTS FREEBIRD CAN YOU SUE THEM???????? DORM
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