I am appealing a biased, wrong in law and in facts, a Judgement against me in a possession claim that was based on speculation and miss-representation of facts. the District Judge took exactly the same line as the Local Authority, discarded a large volume of evidence included photos digitally dated and neighbours witness statements. the circuit judge on the paper direct me to attend one hour hearing for permission to appeal. Any views on how to overcame and convince the C judge that facts were miss-interpreted and D judge was wrong in applying point of laws and legal tests in my case? can I add further draft to my existing Skeleton argument before the hearing? Can I appeal to Appeal Court or Supreme Court if C Judge refuse permission to appeal as my case is in Public interest. Accused of subletting when I had short stay lodgers As per H Act 1985 while living continuously at my property. this was represented as parting with possession
closed as off-topic by Nij, David Siegel, A. K., Jason Aller, bdb484 Oct 25 '18 at 4:37
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions that clearly ask for specific legal advice are off-topic. For more information, see Policy for questions that clearly ask for specific legal advice." – Nij, David Siegel, A. K., Jason Aller, bdb484
You can only appeal on matters of law - an appellate court cannot consider matters of fact.
Its hard to see what's going on here through the wall of text but I'll try to do my best.
I don't know what a "possession claim" is: do you have something in your possession that the Local Authority wants to take (or vice-versa)? Or have you been convicted of possession of an illicit substance?
"speculation and miss-representation of facts. the District Judge took exactly the same line as the Local Authority" - the judge has presumably heard the evidence and prefers the Local Authority's evidence to your evidence - she is entitled to do this: its called "weighing" the evidence. There is no error of law here.
"discarded a large volume of evidence included photos digitally dated and neighbours witness statements" - assuming these were relevant (which they may not have been) then they should have been considered - failing to consider relevant evidence would be an error of law. However, considering it and rejecting it is not an error of law.
"convince the C judge that facts were miss-interpreted" - even if they were, this is not grounds for appeal.
"was wrong in applying point of laws and legal tests in my case" - this is grounds for appeal. You need to show that the facts as the trial judge decided them (i.e. the judge's versions of the facts, not your version) when applied to the law should have resulted in a materially different outcome.
If the circuit court refuses to hear your appeal then that is the end of the matter - you have no further recourse.