Appeals

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Mr Justice Hacon finds that procedures for applying for permission to appeal are not altered by the COVID-19 Protocol.

 By Oliver E. Browne

In Claydon v. Mzuri,[1] Mr Justice Hacon of the High Court has found that the COVID-19 Protocol does not alter the procedure for appeal applications if a decision is handed down remotely and the parties do not attend. Notably, the Judge clarified that the remote nature of the relevant hearings and the handing down of the trial judgment had no bearing on the proper approach to be followed in the context of seeking permission to appeal.

By Daniel Harrison

Recent UK Supreme Court decision could have far-reaching consequences for appeals

In a split decision, the Supreme Court recently considered whether an order requiring an appellant to pay money (that the appellant does not have) into court to continue an appeal “stifles” the appeal and whether the order should be overturned. The Supreme Court stated that such an order may be justified when the appellant company has established (on the balance of probabilities) that no such funds would (not could) be made available to the company, whether by the appellant’s owner or by some other closely associated person, as would enable the appellant to satisfy the requested condition.

Goldtrail Travel Ltd (in liquidation) v Onur Air Tasimacilik: the Case and Judgment

The Turkish airline appellant Onur was granted permission to appeal to the Court of Appeal on the condition that Onur pay into court £3.64 million that the High Court judge had awarded the respondent Goldrail by way of damages. Onur subsequently applied to the Court of Appeal for an order that the condition for payment into court be discharged on the ground that Onur could not comply with the condition, and that the effect of dismissing Onur’s appeal by reference to the condition would be to stifle its appeal.

By Jonathan Hew

The Supreme Court is the highest court in the UK and the final resting place for civil and criminal appeals. Lord Neuberger, the President of the UK Supreme Court, has set out his views on the role and function of the court that may prove useful guidance if you are considering an appeal.

On 4 December 2015, Lord Neuberger made a speech at the Centre for Commercial Law Studies Conference 2015 entitled “UK Supreme Court decisions on private and commercial law: The role of public policy and public interest”.