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.