The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. The key implications for civil appeals are set out below. For general guidance on the implications of the pandemic for dispute resolution practitioners, see Practice Note: Coronavirus (COVID-19) implications for dispute resolution.
For guidance on the measures that have been introduced as a result of the coronavirus pandemic that are of relevance to those involved in appeals in the civil courts and which may impact the guidance concerning normal practice set out in this Practice Note, see: Starting an appeal—general provisions—Coronavirus—implications for appeals.
The appeal court will only allow an appeal where the decision of the lower court was:
unjust because of a serious procedural or other irregularity in the proceedings in the lower court
For more information, see Practice Note: Grounds for appealing and preliminary considerations.
For more information on when the court will allow a new point to be taken on appeal, see Practice Note: Grounds for appealing and preliminary considerations—When will the court allow a new point to be taken on appeal?
Pursuant to CPR 52.21(2), the appeal court will not
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Without prejudice to any other enactment by virtue of which any offence is triable either way1, the following offences are triable either way2: (1) offences at common law of public nuisance3; (2) an offence at common law of outraging public decency4; (3) administering an oath etc
Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the AiB were limited but since 1993, with the enactment of the Bankruptcy (Scotland) Act 1993 (B(S)A 1993), the role
Summary assessment—statement of costsSummary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note considers the use of a statement of costs in summary assessment. Form N260 is a model
Common law offence of false imprisonmentThe offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False imprisonment).It is triable only on indictment. It may be classified in class 2A, 2B or 3 in accordance with
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