{"type":"rich","version":"1.0","provider_name":"Transistor","provider_url":"https://transistor.fm","author_name":"Talking Family Law - The Resolution Podcast","title":"Resolution Podcast S2 Episode #10 | All you need to know about appeals | w/ Chris Barnes & Joseph Rainer","html":"<iframe width=\"100%\" height=\"180\" frameborder=\"no\" scrolling=\"no\" seamless src=\"https://share.transistor.fm/e/bb9f060a\"></iframe>","width":"100%","height":180,"duration":4012,"description":"In this episode we speak to two keen advocates known for their appellate work; Chris Barnes and Joe Rainer.  Chris speaks about appeals in Children Act work and Joe speaks to financial remedy appeals.  \n\nWe discuss how to evaluate the type of decision – is it an evaluative or discretionary decision, or is it a finding of fact and how this impact on your likelihood of success.  This is the speech of Mr Justice Mostyn about that:\nhttps://www.judiciary.uk/speech-by-mr-justice-mostyn-to-the-hong-kong-family-law-association/\n\nIn the context of the discussion, Joe talks about the decision of HHJ Hess in SC - and -TC  [2022] EWFC 67 in respect of a pre-nup:\nhttps://caselaw.nationalarchives.gov.uk/ewfc/2022/67\n\nWe also discuss the ability of the respondent to put in a written response to an appeal, pursuant to:\nJolly v Jay & Anor [2002] EWCA Civ 277 (7th March, 2002)\nhttps://www.bailii.org/ew/cases/EWCA/Civ/2002/277.html\n \nChris mentions that the current case law in respect of costs on appeal in Children Act cases is contained in Re S [2015] UKSC 20 and Re T [2012] UKSC 36\nhttps://www.bailii.org/uk/cases/UKSC/2015/20.html\nhttps://www.bailii.org/uk/cases/UKSC/2012/36.html\n\nPlus we cover when to file a notice of appeal, caulderbanks, when to participate in the permission stage, costs, and procedural issues. \n\nIf you have an appeal, or a potential appeal on your desk, this is a really helpful episode.","thumbnail_url":"https://img.transistorcdn.com/6KLL2IpaFH3iBShZ7ocYn8lY8fxSACTIJV16OjWXP6U/rs:fill:0:0:1/w:400/h:400/q:60/mb:500000/aHR0cHM6Ly9pbWct/dXBsb2FkLXByb2R1/Y3Rpb24udHJhbnNp/c3Rvci5mbS9zaG93/LzE5Mjc0LzE2MTcy/NzQ4OTQtYXJ0d29y/ay5qcGc.webp","thumbnail_width":300,"thumbnail_height":300}