Table of Contents
When you proceed with commercial litigation as your dispute resolution for a business dispute, you or the party may not be happy with the result. If you are the party who loses the case, you may wonder if you can do anything about it in the English courts. When you take a commercial case to court, the civil procedure is that it will initially go to a lower civil court for a decision. If you want to take the matter further with commercial judges, it may be possible to appeal the decision with the Court of Appeal. This article will explain commercial cases in the Court of Appeal.
What is a Commercial Appeal?
A commercial appeal is when the losing party to a commercial litigation dispute asks for a reconsideration of the decision. This is where the lower court’s decision was not in their favour. They can sometimes do this through the Court of Appeal.
These include where the lower court made the decision using:
- incorrect law;
- wrong facts; or
- something in the court proceedings went seriously procedurally wrong, or there was a procedural irregularity, meaning their decision was grossly unjust.
What Should I Know About Commercial Cases in the Court of Appeal?
You may need to know some things about commercial cases in the Court of Appeal.
We have selected three key points to understand about commercial litigation in the appeal stage. Let us explore these below.
1. Exhausting Other Appeal Methods First
A critical point to know is that commercial case appeals will only sometimes be forwarded directly to the Court of Appeal. If your commercial dispute is in a county court by a district judge, you may appeal the decision to a county court circuit judge first. Where the latter made the decision, you may appeal to the High Court in the first instance.
If you still need to appeal after these two instances, you may be able to go to the Court of Appeal. High court commercial case rulings will go immediately to the Court of Appeal if there is a right to appeal.
2. What is the Test for Permission to Appeal a Commercial Case?
As discussed, there is only sometimes an automatic right to appeal after a commercial decision by the lower court. Instead, you need ‘leave of the court’, which involves obtaining permission from the court.
This guide outlines how to resolve commercial disputes.
It Is helpful to know what the test for permission is. This is where the Court of Appeal decides if either of the following applies in your commercial case:
- that it will have a real prospect of success should the case proceed at appeal or
- the appeal must go ahead as there is a compelling reason for this, such as to clarify an issue of law in the court.
3. What Are the Possible Results in the Court of Appeal?
If you take your commercial case to the Court of Appeal, you may wonder what the result will be. This is a crucial point to know about commercial litigation.
There are various decisions the Court of Appeal can make in a commercial appeal, which include the following options:
- refuse appeal at the outset so that no appeal can go through;
- uphold the original decision made by the lower court, meaning the decision does not change;
- set aside the decision of the lower court, meaning it no longer stands;
- vary the decision made by the lower court;
- ask the lower court to look at their decision again; or
- demand a new trial for your commercial dispute.
Call 0808 196 8584 for urgent assistance.
Otherwise, complete this form and we will contact you within one business day.
Key Takeaways
If you have a commercial dispute in your business, you may take litigation and go to a commercial court. If so, you may be able to appeal the decision of the lower court where it is not in your favour. You can potentially do this through the Court of Appeal. You need to know many points about commercial cases in the Court of Appeal.
For example, before applying for an appeal of the commercial case in the Court of Appeal, you may need to appeal in the lower court first. You may only sometimes get permission to appeal your case in the Court of Appeal, so knowing the test for this is key. Also, when you take your case to the Court of Appeal, it is helpful to know the potential outcomes.
If you need help understanding the Court of Appeal in the UK, LegalVision’s experienced disputes and litigation solicitors can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
We appreciate your feedback – your submission has been successfully received.
