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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

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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.

  • much appreciated. The re-possession of my Council flat after 22 years of secure tenancy. LA suspected me of subletting and can only obtain possession order if I do not live in my home as main or only home and or sublet the entirety of my home. Tenancy condition to be satisfied at anytime and specially at the notice to quit. Secure tenants have statutory right to take in lodgers as per Housing Act 1985. this is my case taking short stay lodgers within 2 years of this claim. judge stated I parted with possession of whole without applying correct test. e.g. is there a second home of occupation – kensington Oct 22 '18 at 8:20
  • a prolonged absence to infer cesser of occupation, for burden of proof to switch to tenant to rebut the presumption of cesser of occupation. Tenancy conditions at Notice to quit, whether the Court was satisfied to make a possession order. Judge allowed barrister to shift burden of proof in a miss-interpretation of a case law. my witness was diverted in other matter other than her statement. I have read over 22 case laws. – kensington Oct 22 '18 at 8:29

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