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.
We 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:
In 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:
We also discuss the ability of the respondent to put in a written response to an appeal, pursuant to:
Jolly v Jay & Anor [2002] EWCA Civ 277 (7th March, 2002)
Chris 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
Plus we cover when to file a notice of appeal, caulderbanks, when to participate in the permission stage, costs, and procedural issues.
If you have an appeal, or a potential appeal on your desk, this is a really helpful episode.