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  • Grounds of Appeal Against Procedural Decision (To Refuse An Extension of Time To File Witness Statements

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    ttuitt.daltons
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    The document outlines grounds for appeal against a procedural decision to refuse an extension of time to file witness statements. Specifically, it argues that the original decision involved a serious irregularity by admitting and considering evidence from the Respondent that had not been served to the Appellant in advance and contained incorrect facts. This denied the Appellant a proper opportunity to respond and resulted in an unjust decision. The Appellant will/will not file a skeleton argument.

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    Grounds of appeal against procedural decision (to refuse an extension of time to file witness statements

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    The document outlines grounds for appeal against a procedural decision to refuse an extension of time to file witness statements. Specifically, it argues that the original decision involved a serious irregularity by admitting and considering evidence from the Respondent that had not been served to the Appellant in advance and contained incorrect facts. This denied the Appellant a proper opportunity to respond and resulted in an unjust decision. The Appellant will/will not file a skeleton argument.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    4 views1 page

    Grounds of Appeal Against Procedural Decision (To Refuse An Extension of Time To File Witness Statements

    Uploaded by

    ttuitt.daltons
    The document outlines grounds for appeal against a procedural decision to refuse an extension of time to file witness statements. Specifically, it argues that the original decision involved a serious irregularity by admitting and considering evidence from the Respondent that had not been served to the Appellant in advance and contained incorrect facts. This denied the Appellant a proper opportunity to respond and resulted in an unjust decision. The Appellant will/will not file a skeleton argument.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    Grounds of appeal against procedural decision (to refuse an extension of time to file witness

    statements)1

    [217]
    ACF 5(1): 03/2016
    ON APPEAL FROM [insert court appealed from]
    TO the [County Court at ......... OR High Court [Chancery OR Queen's Bench Division]]
    [......... District Registry]
    Claim No. ...
    [insert name] Appellant
    and
    [insert name] Respondent
    GROUNDS OF APPEAL2

    The decision of the learned [District Judge OR Master] to refuse an extension of time for the
    Appellant to file his witness statements involved a serious procedural irregularity, namely, he admitted
    and took into account evidence adduced by the Respondent which had not been served on the
    Appellant until immediately before the application which raised matters:

    1 which were factually incorrect; and


    2 in respect of which the Appellant required and ought to have been granted the
    opportunity to reply.

    This denial of the opportunity to reply caused the decision to be unjust.


    The Appellant [proposes OR does not propose] to file a skeleton argument3.

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