Civil Appeals: Principle and Procedure

This second edition deals with the new Practice Directions to CPR Part 52 (Appeals), which have introduced a large number of procedural changes, in particular relating to applications for permission to appeal. It also deals with recent changes to the rules in CPR Part 52. The book has also been updated to reflect changes in the rules applying to appeals against arbitral awards, and refers to important new decisions on appellate procedure and principles which all civil practitioners need to be aware of.

In his Foreword, Lord Dyson MR describes the book as “an essential work for both lawyers and judges” and “the leading work in the field”.

• Explains the practice and procedure involved in bringing civil appeals
• Assists in questioning whether a decision is wrong and if any serious irregularity has occurred
• Examines how new evidence may be admitted to an appeal
• Identifies the correct court to take an appeal to
• Considers the statutory requirement for permission to appeal and the applications process
• Provides a thorough guide to each step necessary in preparing for the appeal
• Advises on the case management process of the appeal
• Explains the various points of practice unique to each court
• Separate coverage is given to appeals to the Supreme Court and to the Privy Council
• Explains Part 52-Appeals of the CPR, guiding the reader through the associated practice directions dealing with the appeals process
• Includes a separate section on arbitration appeals examining appealing on points of law, serious irregularity and challenging the substantive jurisdiction
• Includes procedural checklists
• Cross-referenced to the White Book

New to this edition:

• Updates the text to deal with the new practice directions to Part 52, which make detailed amendments to the procedure applying to appeals, in particular to applications for permission to appeal and the provision of skeleton arguments
• Consideration of the impact of the Jackson Reforms on civil appeals, including the extra amendments to the rules relating to Part 52
• Updates the text to deal with changes in rules applying to challenges to arbitral awards
• Refers to new decisions on appellate procedure and principles and to decisions on challenges to arbitral awards

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PART 1: Introduction and History
Chapter 1 History of Appeals

PART 2: General Principles
Chapter 2 Jurisdiction and Powers on Appeal
Chapter 3 Is the decision wrong?
Chapter 4 Serious Irregularity
Chapter 5 Inadequacy of Reasons/Findings of Fact
Chapter 6 Admitting New Evidence
Chapter 7 The Effect of Settlement, Consent and Concessions
Chapter 8 Reopening Appeals
Chapter 9 Interested Parties, Interveners and Appeals
Chapter 10 Judicial Review of County Court Decisions

PART 3: Practice and Procedure for Appeals under the CPR
Chapter 11 The Judgment and Order
Chapter 12 Identifying the Correct Appeal Court
Chapter 13 Permission to Appeal
Chapter 14 Applications for Permission to Appeal
Chapter 15 Preparation for an Appeal
Chapter 16 Case Management of Appeals
Chapter 17 Practice Points in Different Courts

PART 4: The Higher Appellate Courts
Chapter 18 Practice in the Supreme Court
Chapter 19 Privy Council

PART 5: Arbitration Appeals
Chapter 20 Background to Arbitration Appeals
Chapter 21 Appeal on Points of Law: Section 69
Chapter 22 Challenging Serious Irregularity: Section 68
Chapter 23 Challenging the Substantive Jurisdiction: Section 67

Appendices
Appendix One: CPR Part 52 Appeals
Appendix Two: Practice Direction Part 52A - Appeals
Appendix Three: Practice Direction 52B - appeals in the county courts and high court
Appendix Four: Practice Direction 52C - appeals to the court of appeal
Appendix Five: Practice Direction 52D - statutory appeals and appeals subject to special provision
Appendix Six: Practice Direction 52E - appeals by way of case stated

• Explains the practice and procedure involved in bringing civil appeals
• Reflects recent changes in the rules applying to appeals against arbitral awards and important new decisions on appellate procedure and principles which all civil practitioners need to be aware of