Appeals

New rules for appeals to the Court of Appeal to apply from 3 October

The procedural rules governing appeals to the Court of Appeal are to be amended and restructured with effect from 3 October 2016.  Key changes include: Removing the automatic right to an oral hearing when renewing an unsuccessful application for permission … Continue reading

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Court of Appeal decision underlines dangers of delay in filing notice of appeal

The Court of Appeal has confirmed that the courts will apply the same rigorous approach to a retrospective application to extend time for filing a notice of appeal as they do to an application for relief from sanctions: R (Dinjan Hysaj) v SoS for the Home … Continue reading

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Filed under Appeals, Interim applications

Court of Appeal reinforces principle of finality in litigation

The Court of Appeal has held that a civil recovery order and property freezing order made against the respondent’s property, including overseas property, were not affected by a subsequent decision of the Supreme Court that the relevant legislation did not have … Continue reading

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Five Court of Appeal judges designated to hear appeals arising from Jackson reforms

The Master of the Rolls, Lord Dyson, has designated five members of the Court of Appeal to hear appeals arising from the Jackson reforms. This implements Lord Justice Jackson’s recommendation that particular Court of Appeal judges should be designated to … Continue reading

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UK Supreme Court: court can change decision without “exceptional circumstances”

In a recent decision, the Supreme Court has clarified the circumstances in which a judge who has announced his or her decision is entitled to change that decision before the order is sealed: In the matter of L and B … Continue reading

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Court of Appeal rules on service out of the jurisdiction in support of negative declaratory proceedings

The Court of Appeal has upheld a Commercial Court decision which declined to set aside an order for service out of the jurisdiction granted on a claim by insurers against their insured seeking, in effect, a declaration of non-liability: Faraday … Continue reading

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Filed under Appeals, Jurisdiction

Success in Privy Council appeal on behalf of Caribbean pro bono clients

As part of our commitment to pro bono work, Herbert Smith represents clients from various Caribbean jurisdictions before the Privy Council in the UK, which remains the ultimate appellate court for many Caribbean and Commonwealth countries. On 15 February, the Privy Council … Continue reading

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An insight on the Supreme Court

Russell Hopkins, an associate in our firm’s Advocacy Unit, has recently returned from spending a year as one of eight Judicial Assistants to the Justices of the UK Supreme Court. He worked for Lord Collins and Lord Wilson, gaining invaluable … Continue reading

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