Who is correct Solicitor or the Court Office…?

[Stewartg74]

I have been given an order from the courts that does not give permission to appeal “in writing’, with “no prospect of success” but then does give me permission to request the appeal be re-listed before a circuit judge for an “Oral Hearing”

 

A solicitor advised I fill out a N244 form, another person with family law experience also states its the N244, BUT!!, the court have returned in email saying it needs to be a N161 – who is correct…?

[steveb2]

Apart from losing some time, are there any problems if you fill in both?

[Stewartg74]

An N161 was submitted in December 2019 for the initial appeal, understandably the natural running of order in the courts has not been what you would expect for most of this year, so after a lapse of Seven months, the case was viewed and an order made with permission that I request the appeal be re-listed, and heard before a circuit judge in an oral hearing.. – this request would be in the form of the N244…

to submit a NEW N161 would only be relevant if it was a NEW appeal.. this is not so.. – I could submit both, but again a solicitor has given advise to categorically not submit another N161.

better still – the court ordered deadline is for this Friday, so I don’t have much time to play with…

 

Thanks for your response..

[Author]

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