Putting Your Best Case Forward: How to Succeed Before the Court of Appeal

When you’re faced with an unfavourable court decision and the stakes are high, one has to consider whether to mount an appeal to the Court of Appeal / Appellate Division.  However, the process of appealing a case is complex and requires careful preparation and execution. To navigate this intricate practice area, you need good counsel and a strategy designed to put your best case forward before the Court of Appeal. This article will guide you through the key steps to enhance your chances of success.

 

  1. Act Promptly

One of the fundamental rules in the context of appeals is to act promptly. The clock starts ticking as soon as the court decision is rendered. Delays can harm your chances of success, as deadlines for filing appeals are strict and not easily extended. Seeking an experienced appellate lawyer immediately after an adverse decision is crucial. A law firm with experience in appeals will be able to objectively evaluate your case and provide guidance on whether an appeal is viable. The sooner you engage a legal team, the more time they have to prepare a compelling case and consider and advise on related applications.

 

  1. Work with Instructing Lawyer

Collaboration is key in any successful legal endeavour, especially when preparing for an appeal. Your instructing lawyers are responsible for providing your appellate attorney with the record of appeal, transcripts, and any other essential documents that will form the basis of your appeal. By working closely with your first-instance counsel, we can ensure a seamless transition to the appellate phase. This partnership helps us maintain the continuity of your case, manage costs, and craft a compelling narrative that resonates with the Court of Appeal.

 

  1. Interlocutory Applications

The Court of Appeal has stringent rules and procedures for making interlocutory applications, such as amendments to pleadings and the adduction of further evidence. These applications can be powerful tools for strengthening your case, but they must be carefully thought out and meticulously prepared. Seeking counsel who are well-versed in the appellate process can help you leverage the power of these applications to bolster your case and put your best appeal brief forward

 

  1. Novel Legal Arguments

Appellate advocacy often involves novel or nascent areas of law. A seasoned appellate lawyer can help you identify fresh legal perspectives that could tip the scales in your favour. Creative legal arguments must be grounded in sound legal principles and be well-researched, therefore it is essential to work with lawyers who have a deep understanding of the law and who are willing to go beyond the tried and tested to craft your best possible case.

 

  1. A Strong Team

Success in the Court of Appeal depends on assembling a strong and cohesive legal team. This team typically consists of instructing solicitors, appellate lawyers, and associates. Each member plays a critical role in gathering and presenting evidence, conducting legal research, and crafting persuasive arguments that pave the way for the best possible advocacy on the day of the appeal. A capable and collaborative team ensures that all aspects of the case are considered and that you put your best foot forward in Court.

 

  1. Engage Lawyers with Experience

In the world of appellate law, experience matters. Choosing the right advocate is pivotal to your success. Our Managing Director, Shobna Chandran, has extensive experience in appellate work and argued against Kings Counsel and Senior Counsel in a range of matters. Seasoned barristers like Shobna have a deep understanding of the appellate process and expertise in navigating the nuances of appellate practice. Their proven ability to persuade the court makes them invaluable assets when you need a strong advocate on your side.

 

Conclusion

Appealing a court decision is a complex and challenging process, but with the right strategies and an experienced legal team by your side, you can significantly improve your chances of success before the Court of Appeal. Timing, collaboration with instructing lawyers, the strategic use of interlocutory applications, a strong legal team that leaves no stone unturned in the legal arguments, and experienced advocates are all critical components of putting your best case forward at the highest levels of our courts.

 

Let us help you navigate the appellate process with confidence and determination. Your success on appeal is our top priority, and we are committed to delivering exceptional results for our clients. For more information, kindly contact Shobna Chandran.

Share it