Monday, 10 October 2016

APPEAL ATTEMPTS TO COURT OF APPEAL

Usually, there is no automatic right to appeal a court decision in an civil case: permission is required. A new regime governs the procedure for seeking permission from the Court of Appeal as from 3 October 2016. 

If permission is refused by a Court of Appeal judge after reading the relevant papers, the unsuccessful party will no longer be entitled to demand that the application for permission is reconsidered at an oral hearing. There will only be an oral hearing when  the judge reckons that the application cannot be fairly dealt with on the papers. The moral. Make sure you say everything you reasonably need to say in the written application. Otherwise, you may have had it!