Navigate the complexities of the appellate process with practical guidance tailored for civil appeals. Enhance your understanding of procedural nuances and strategic considerations critical for challenging or defending lower court decisions. Equip yourself with expert insights to effectively manage documentation, timelines and hearings in appellate courts.
The following Arbitration news provides comprehensive and up to date legal information on Disclosure of confidential arbitration documents to facilitate policing of an undertaking (Bourlakova & others v Edelweiss Investments Inv)
The following Dispute Resolution news provides comprehensive and up to date legal information on Fixed costs do not apply to wrongful interference with goods (Executors of the Estate of Kenneth Collins v Chief Constable of Thames Valley Police)
A consent order has the effect of a ‘judgment’ for the purposes of engaging the cost consequences in CPR 36.17 (Thomas v Secretary of State for the Home Department)
The following Dispute Resolution news provides comprehensive and up to date legal information on Costs recoverability following split-liability Part 36 offers (Smithstone v Tranmoor Primary School)
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...
Grounds of appeal—appealing a finding of factWhen will the court allow an appeal against a finding of fact?The appeal court will only allow an appeal where the decision of the lower court was:•wrong, or•unjust because of a serious procedural or other irregularity in the proceedings in the lower
Permission to appeal—the applicationThis Practice Note gives guidance on how to apply for permission to appeal (PTA) under Part 52 of the CPR to the lower court and appellate court (CPR 52.3(2)), which provides guidance on appealing decisions of the lower courts and the procedure for making
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
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