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.
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including...
Law360, London: The US-Israel conflict with Iran may give rise to complex commercial disputes in England similar to those following the coronavirus...
The Ministry of Justice’s report, Harnessing English Law for Economic Growth with purpose, presents arbitration and the resolution of cross-border...
Dispute Resolution analysis: Senior Costs Judge Rowley, in his second judgment in this case, undertook an assessment of expert medical agency fees...
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...
Responding to an appellant's notice—the written statement and respondent's noticeThis Practice Note gives guidance on what a respondent should do if served with an appellant’s notice of appeal in the County Court, the High Court or the Court of Appeal under Part 52 of the CPR. It looks at filing a
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
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
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