This 7-part series of bite-size webinars will cover multiple aspects of civil appeals including the form and substance of common grounds of appeal, the procedures for obtaining permission to appeal and the tests that apply at the permission stage.
Consideration will be given to the procedure followed in the Court of Appeal at permission stage and at final hearings and viewers will receive guidance on how they can improve their appellate court advocacy skills.
Part 1 - Scope of CPR Part 52
During this session consideration will be given to whether all appeals are governed by Part 52 and what other sources of law are relevant. Lecturer Ben Amunwa will discuss the latest understanding of who can appeal and will ensure that viewers are able to advise clients, when appropriate, on the need for an application for a stay on lower court orders to protect their position and the likelihood and consequences of non-party appeals
Part 2 - Grounds of Appeal
This session will focus on the appropriate format in which grounds of appeal should be expressed; consideration will be given to the rules and requirements that apply to grounds of appeal, some of the common arguments deployed in grounds of appeal and the challenges associated with them.
Part 3 - Permission Procedures
Viewers will receive an overview of the procedures for obtaining permission to appeal and guidance on how to advise clients effectively on the available options as to obtaining permission to appeal following an unsuccessful trial or case management hearing. Consideration will also be given to the exceptions to the requirement for obtaining permission to appeal and the cost implications for Respondents who participate in the permission to appeal process in appeal courts.
Part 4 - Permission Tests
Part 4 will focus on the key features of the first and second appeals tests, the typical directions that follow the grant of permission and additional factors that apply to appeals against case management decisions.
Consideration will be given to the appeal court’s power to vary or set aside permission to appeal and the circumstances in which it may be exercised, and viewers will receive guidance on what to expect in terms of necessary case preparation once permission is granted.
Part 5 - Judicial Reviews
Ben will discuss the routes and time limits for applications to the Court of Appeal for permission to appeal where permission for judicial review is refused and will offer guidance on how to challenge declarations by the High Court or Upper Tribunal that the application for judicial review is ‘totally without merit’.
Part 6 - The Court of Appeal
Part 6 will review the procedure for applying for permission to appeal in the Court of Appeal. The special considerations which apply to certain contexts such as Technology and Construction Court appeals, and statutory appeals will also be discussed.
Ben will offer advice on how Respondents can maximise their influence at the permission stage through written representations and will provide guidance on how viewers can improve their advocacy in the Court of Appeal by observing the practice and procedure of the Court.
Part 7 - Advocacy and Costs
This final session will offer important insights into the civil appeals process and Ben will provide viewers with useful oral and written advocacy tips to utilise when presenting appeals in appeal court. The key limitations to recovering costs on appeal will be also be discussed enabling viewers to fine tune their skills.
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