Can I appeal a court decision
I was in court last week as a result of my bike accident in 2017. I was claiming against a taxi driver for injuries that I received in the accident but I lost the case. My brother said I should appeal and have a retrial. The facts of the accident were the taxi driver turned in front of me without warning. The evidence appeared to go well for me which my barrister agreed with, that is until the judge read her decision out. The judge ruled in favour of the taxi driver. I think the judge got my evidence wrong. I have the police report and witness statements. Would you be able to advise on an appeal?
Ben Davies, Swansea – by e-mail
Answer
There is a time limit to lodge the appeal of 21 days from the decision of the court so you have time but you do need to act urgently. To succeed you will need to show that the judge was either wrong in law or fact and this affected the result or that she “erred” seriously in her judgment – in other words that no reasonable judge would have found as she did. The most sensible approach would be for your barrister who represented you to write an urgent short opinion on the prospects of a successful appeal and then consider how you would fund the appeal which will be costly.
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