Can I appeal a Small Claims decision?

We lost a case as we didn't have sufficient evidence and the defendant lied. The defendant let some information slip that has lead me to new evidence that will 100% prove our case. Now do we try and appeal and ask for the new evidence to be allowed or just restart the whole process again? thank you

You can only appeal on a

You can only appeal on a point of law.

Normally new evidence is not allowed unless it could not have been available at the first hearing ( that doesn't mean you didn't find it in time - it means that there's been a change of circumstances or it was not reasonable to expect you to have known of the evidence)

Secondly you cannot restart a case that has been decided - so its appeal or nothing - and you need leave.

Profile: retired barrister legal adviser with MOJ.

thank you

thank you - we were trying to prove a client had taken on one of our staff and breached the T&C. The client told me she had sacked the person (after hiring them some months after the breach). This lead me to contact the person and they have confirmed that she was employed by the client as we had suspected. So I suppose we  could have contacted the person sooner but didnt as we thought she was working for the client and wouldn't have helped us in our case.

So if we can't appeal with new evidence, I can make a new claim based on the new evidence?

What new evidence? I'm not

What new evidence?

I'm not sure whats going on and what you're trying to claim.

What exactly is the breach - is it an employment covenant?

It sounds as if the evidence was available - if you had made the enquiries. In which case its not new and cannot found a new claim.

Profile: retired barrister legal adviser with MOJ.

Evidence

We have a statement from the person that they were employed by the client (we are an employment agency) and a copy of a wage slip. The client claimed she was only a volunteer and not in paid employment. 

 

So presumably its the

So presumably its the commission.

But it seems to me the breach you are claiming is the same one the court has dealt with. So any other claim based on the same facts is doomed.

Part 52 Civil Procedure Rules sets out the procedure.

But the likely killer is R 52.21. (2)(b).

The appeal court will not receive......evidence which was not below the lower court.

There are provisions in very limited circumtances but its too complex to discuss here.

How much is at stake - because cost must surely be a factor.

 

Profile: retired barrister legal adviser with MOJ.

.

there is over £5000 at stake, the evidence I have now, I didn't have at the time. They didn't find in our favour as I couldn't prove the person was in paid employment. But I have the proof now that the defendant lied to the judges face - in the form of a wage slip and statement. thank you for taking the time to reply to me.

 

 

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