new Settelment case

I have two question if anyone could help as even the different solicitors are giving me different information and i am very confused.
a bit of background,My husbands settelment visa was refused about a year ago,we had the right of appeal but we didnt and instead i moved out of uk to be with him,anyways i am back in uk and working now and want to do a fresh case.I know by not appealing we might have complicated our case but what my question is since we didnt appeal the last case and fight the refusal points which were not right at all,should we do it this time or leave it as its a totaly new case?
Some of the refusal points were totaly wrong and even illegal and it looked as though they didnt even look at the evidence.if i dont celrfy those points whichever visa officer is going to deal with the case this time wont have all my file and will judge my case looking at the past refusal.what should i do,professional advise please.
2-is a 2bedroom flat with 2seprate bathrooms and a livingroom enough for 2couples and a18month baby?
what can i do to make sure they wont refuse it this time?