Appeals Guide - direct access to expert appeals barrister

 

 

 

 

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Contact Ian Jones (email preferred):

legal@direct-barrister.com

Tel:  07771 961 962    Fax:  0116 312 0180

Advice can be provided urgently if required, but please note that Ian Jones does not provide a free legal advice service and will require a signed contract before undertaking any work.

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County Court Appeals; Rating & Valuation Appeals

There are so many varieties of legal appeals that it would be impossible to cover all of them in any single website.  The assortment of appeals featured on this page are those which are relatively common but which do not fit neatly into any of the other Appeals Guide categories.

 

Most low value civil claims in the County Court are allocated to the small claims track.  Claims over £5,000 in value (or some claims where personal injury damages of over £1,000 are claimed) are allocated to the fast track or multi-track.  The route for an appeal will generally depend on the track to which a case has been allocated, and on whether the decision to be appealed is an “interim” decision (e.g. case management directions) or a “final” decision (disposing of the case or of an issue in the case).

 

In general, appeals against interim and final decisions in small claims cases (“small claims appeals”) will be heard by a senior circuit judge in the County Court.  Permission to appeal (or “leave to appeal”) is generally required, which may be granted either by the district judge making the original decision or by the circuit judge.  More often than not, both judges refuse permission and the

appeal falls at the first hurdle.  To succeed, there needs to have been a significant error of procedure or the decision needs to be demonstrably wrong on the law or the facts - if the district judge could properly have come to his conclusion, the appeal will fail.  Most such appeals last no more than an hour, with costs usually paid by the losing party.

Interim and final decisions of more senior judges are generally dealt with in a similar way but by the High Court or Court of Appeal, depending on the circumstances.  Costs are considerably higher.

 

Council tax banding is based on the estimated value of a dwelling on 1st April 1991.  Changes to property prices since are not generally relevant, but significant changes to the property can alter the banding (up or down).  There is a two-stage appeal process: first, the owner or council tax payer must ask the Valuation Office (not the council) to review the banding.  An appeal can be brought (on one or more of the specified grounds) within three months of the Valuation Office’s decision, to the Valuation Tribunal. The tribunal can also consider an appeal against a completion notice within four weeks of the notice.  The Valuation Tribunal has similar powers in relation to Business Rates appeals (NNDR appeals).

county court/council tax appeal hearing?