Can I ask for disclosure of CCTV to be used in Appeal against Possession order in UK

Question

A district Judge made an unfair and biased possession order to make me homeless despite I provided large volume of evidence such as digitally dated photos, Facebook photos, over than 8 neighbours written statements...., to prove that I never parted with possession of my only home. A CCTV camera was operating in front of and back of my building for the period in question. Can I ask the Court or the respondent to disclose the recording of CCTV camera as to prove that I was continuously living at my flat as my only home and never parted with Possession. This to contradict that Judge decision that my evidence were not credible was wrong.

Answer 1

Normally, in British courts, once a trial has been conducted, only the evidence admitted at that trial (called the "record") may be considered on appeal. Additional evidence demonstrating that the factual findings of the judge at the trial were incorrect may not be considered in an appeal. More generally, credibility determinations made by trial judges in evaluating evidence in a case are almost never overturned on appeal in the English legal system.

I have done some preliminary review and found nothing to indicate that an appeal of a district judge in county court in England and Wales is not a court of record, from which an appeal is by trial de novo (i.e. a new trial before a higher judge) (as is the case in criminal cases in Magistrate's court in England), rather than being a court of record, from which an appeal is based upon a review of the record of the original trial.

If you subpoenaed the CCTV evidence for trial and either had the evidence which the judge kept out, or denied you a continuance to obtain the subpoenaed evidence which was not produced by the party subject to the subpoena, then an appellate court might order that a new trial at which the CCTV evidence be considered be held. But, if you weren't in a possession to compel introduction of the CCTV evidence at trial, you can't raise that evidence on appeal.

to prove that I never parted with possession of my only home.

I also suspect that part of the problem you face may be that there was an issue other than whether you parted with possession of your only home that was legally relevant at your trial.

Not having somewhere else to live is not usually a valid defense to an eviction.

Normally, the primarily issue would be whether you paid rent as agreed and whether received proper notice of the eviction action. Whether you abandoned the property and were out of possession is potentially a relevant issue, but is rarely the only issue that you have to establish.

The issue of whether you are currently in possession is not normally something that has to be proved as part of a complaint to receive a standard possession order in county court before a district judge.

So, the evidence you want to get in suggests that you may be having a misunderstanding regarding what a possession order means and why it was obtained.