resident labour market test and some relevent questions

hi
I was applied for tier 2 from psw visa (was expired )after I got refusal from ukba due to wrong soc code which is done by my company. after I lodged appeal so next month I am going for court hearing. can you pls advise me any1 expaert some of my questions:

1:-if they refused me on the court hearing and if I go to again for fresh applications do I need to go for resident labour market test? because my psw visa dosent required RLMT while I was trying to switching from psw to tier 2.

2. if I go for fresh application in within 28 days after court refusal can it cause hamper my 10 years continuity

please can any1 expert reply me on above queries.