Mr J Patel presented his skeleton argument in an unsuccessful trial before Technology and Construction Court, and after a year the Judge in a separate application to set aside a costs order admitted that he failed to consider Mr Patel’s skeleton arguments.
Based on this admission Mr Patel immediately obtained official transcript of the hearing and highlighted the above concerns as the Judge’s failure to engage into gathering evidence before forming a conclusion.
Mr Patel spent hours in compiling a grounds of appeal. He personally carried out research to collect various case laws. He then compiled an appeal bundle. He also highlighted from various examples that the failure of Judge was wrong, and was against the principle of natural justice.
Court of Appeal accepted the grounds of appeal, disallowed the entire costs of the Defendants’ counter claim, and allowed permission to appeal against the order of the Technology and Construction Court.
If you have a case where the Judge has failed to take active part in the hearing of the case then kindly write to us because we are interested to fight such cases of inattentive Judges so the justice should prevail.