Civil Appeals

Civil Appeals

  • 4 ratings, 104 users enrolled

Course Overview

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.

What are the requirements?

  • Watch the series of recorded webinars and review the supporting documentation
  • This course provides between 3.5- 7 CPD points (depending on length of time spent reviewing the supporting documentation).

Learning Outcomes

  • On completion of this course you will:
  • • Know the scope of Part 52 and the relevance of other sources of law in statutory appeals against Tribunal and other decisions by statutory bodies
  • • Appreciate the test for successful appeals and the limitations on what grounds of appeal can cover and the tactical nuances that apply to running particular arguments on appeal
  • • Have considered key practical considerations around ensuring a note of the judgment or transcript is available in good time
  • • Be familiar with the main procedural differences between applications to the lower court and the appeal court
  • • Understanding the differences between the first and second appeals tests
  • • Grasp the key tactical implications of the Court’s power to vary, set aside or impose conditions on the grant of permission to appeal
  • • Have improved appellate court advocacy skills
  • • Be prepared to advise on and deal with common issues that arise on the recovery of costs of the appeal

What is the target audience?

  • Civil practitioners

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About Instructor - Ben Amunwa

Called to the Bar in 2013, Ben enjoys a thriving practice in commercial, civil and public law. He also loves to train lawyers and non-lawyers in a variety of areas of law, putting to work his creative and presentation skills.

Ben runs a popular legal blog, called www.lawmostly.com, which aims to make the law accessible to a wider audience.

His advocacy is praised by Judges, opponents and clients. A member of 36 Civil, Ben is known for his exceptional client care and attention to detail in complex and urgent cases. Ben provides practical, cost-effective and punctual advice to a range of clients, including local authorities, professionals, businesses and individuals.

Before coming to the Bar, Ben spent over a decade in the charity sector supporting individuals in crisis. His experience of management and media enables him to perform calmly under pressure. Clients value his accessible manner and his ability to explain difficult areas of law.

Achievements include:

- representing a senior doctor in a race discrimination and harassment claim against an NHS Trust;

- securing a favourable settlement at mediation for a private client in a dispute over the construction of a multi-million pound house;

- successfully defending a teacher who faced regulatory prosecution for alleged professional misconduct over a period of 3 years;

- co-counsel in R (Medical Justice and others) v Secretary of State for the Home Department (2016). As featured in The Guardian, the case challenged the government’s reliance on a restrictive definition of torture to justify immigration detention.

- successfully defending a local authority in a judicial review concerning duties to children in need - R (SC) v London Borough of Ealing [2016] EWHC 2765 (Admin) and representing in Court of Appeal proceedings.

Course Curriculum

Part 1 - Scope of CPR Part 52

  • Webinar
    00:18:14
  • Notes
    4 Page
  • Slides
    9 Page
  • Evaluation
    1 Page

Part 2 - Grounds of Appeal

  • Webinar
    00:26:28
  • Notes
    6 Page
  • Slides
    11 Page
  • Evaluation
    1 Page

Part 3 - Permissions Procedure

  • Webinar
    00:26:42
  • Notes
    4 Page
  • Slides
    11 Page
  • Evaluation
    1 Page

Part 4 - Permission Tests

  • Webinar
    00:23:14
  • Notes
    5 Page
  • Slides
    12 Page
  • Evaluation
    1 Page

Part 5 - Judicial Reviews

  • Webinar
    00:21:41
  • Notes
    4 Page
  • Slides
    8 Page
  • Evaluation
    5 Page

Part 6 - The Court of Appeal

  • Webinar
    00:23:27
  • Notes
    4 Page
  • Slides
    10 Page
  • Evaluation
    1 Page

Part 7 - Advocacy and Costs

  • Webinar
    00:21:17
  • Notes
    4 Page
  • Slides
    9 Page
  • Evaluation
    1 Page

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  • Price
  • £ 100