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Hi all
How do I appeal a non mol if I am submitting by myself, what form do I need and can you actually appeal or have a non mol discharged?
I had one awarded against me yesterday for a 5 month period.
Thanks
SSK
Hi there
Did you go to a fully contested hearing for the NMO? If the NMO was made without you being given notice, you must be given an opportunity to give your side of things and a follow up hearing should be set to allow you to do so.
To appeal you would need to ask for permission from the judge that made the order, you have 21 days to make an appeal, so it’s important that you move quickly. I think you can write a letter to ask for permission, but not completely sure about that.
Again I’m not sure what form you would require, maybe N161 or FP161. I suggest that you call the court and ask them, which form you would need.
It’s not easy to appeal, you’re asking for another judge to overturn the decision of a colleague. They will not look at fresh evidence, or look again just because you disagree with the result.
It’s also important to note that you could be liable to pay the other parties costs, if you weren’t successful... the odds are against a good result unfortunately.
Without knowing the details of your case, it’s difficult to comment further. If possible I would advise you to get some proper legal advice, some solicitors offer a free initial consultation, or the CAB can offer advise.
Another point to raise is that the appeals process is likely to take longer than the 5month duration of the order. Whilst the appeals process is ongoing the order would stand, I think you have to ask yourself if it’s worth the stress and worry, and the real possibility of having to pay the other sides legal fees should you fail.
Sorry I can’t be more helpful. All the best
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