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.
Dispute Resolution analysis: The High Court held that an insurer’s pre-action admission of liability made through its loss adjusters in 2022 bound the...
PI & Clinical Negligence analysis: In BS (a child proceeding by his mother and litigation friend) v Greene King Brewing and Retailing Ltd, Oxford...
His Majesty the King has set out the government’s priorities and proposed policies for the next parliamentary session at the State Opening of...
Arbitration analysis: The High Court refused Clyde & Co LLP’s application under section 37 of the Senior Courts Act 1981 for an anti-suit injunction...
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...
Appeals to the Court of Appeal—bundlesScope of this Practice NoteThis Practice Note contains guidance to the provisions contained within CPR 52 and CPR PD 52C. They apply to appeals to the Civil Division of the Court of Appeal. They do not apply to appeals in detailed assessment proceedings against
Grounds of appeal—introducing new evidenceWhen will an appeal be allowed?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 court (CPR 52.11(3))For more
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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