Appeals

An adverse judgment does not become appealable merely because it is disappointing. Credit hire appeals require identification of an error which an appellate court can properly correct.

I advise appellants and respondents in credit hire appeals, including appeals involving findings of fact, impecuniosity, hire rates, need, period, enforceability, procedure, costs and points of principle.

Early advice

The best time to consider an appeal is usually immediately after judgment. The judgment, the order, the way the case was put below and the applicable deadline all matter.

I can advise on whether there is a viable appeal, whether permission should be sought, how the proposed grounds should be framed and whether the commercial value of the appeal justifies it.

Grounds and permission

A good ground of appeal identifies the alleged error precisely. It does not simply repeat the submissions made at trial or invite the appellate court to try the case again.

I draft and advise on:

• Grounds of appeal;
• Applications for permission to appeal;
• Respondent’s notices;
• Skeleton arguments;
• Written submissions on permission;
• Applications concerning transcripts, stays and consequential orders.

Appeals on findings of fact

Many credit hire appeals concern decisions which are heavily fact-sensitive: impecuniosity, need, period, the reliability of evidence or the judge’s assessment of a witness.

Such appeals can be difficult. The question is not simply whether another judge might have reached a different conclusion. The proposed appeal needs to identify a proper appellate basis for intervention.

Points of law and procedure

Other appeals raise wider questions: the proper legal test, the treatment of particular evidence, contractual enforceability, procedural fairness, abuse of process, costs or the interaction between credit hire principles and the Civil Procedure Rules.

These cases require disciplined analysis of the judgment below and the precise consequence of the alleged error.

Acting for respondents

A respondent should not assume that a favourable judgment will defend itself. It may be necessary to show why the decision was open to the judge, why any error was immaterial, or why the result should be upheld on another basis.

I advise and represent respondents as well as appellants.

What to send

If you want an early view on a possible credit hire appeal, please send:

• The judgment or approved note of judgment;
• The sealed order, if available;
• The pleadings;
• The skeleton arguments or written submissions used below;
• The key evidence relevant to the proposed grounds;
• Any draft grounds already prepared;
• The date of the decision and the appeal deadline;
• A short explanation of the point said to have gone wrong.

Please identify the appeal deadline prominently.