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When you are part of a commercial dispute, it is essential to try to resolve your disagreement as quickly as possible. There are a number of ways to resolve a dispute while allowing your business to continue commercial activity. This will limit your costs in terms of money, resources and relations. However, a commercial dispute may sometimes enter the court system, where the outcomes can be complicated and confusing. This article will explain what happens when your case goes to the Court of Appeal.
What is the Court of Appeal?
The Court of Appeal is one of the higher courts in the UK court system. If you are in doubt about a decision from the Commercial Court, you or the other party may appeal the decision to the Court of Appeal. In that case, the Court will reconsider the outcome of your case.
As a business, you will usually need the Court’s permission to go on appeal, called ‘leave from the court’. The Court will usually grant you leave if you are likely to win the appeal. This typically occurs in situations where the lower court made a:
- legal error;
- factual mistake; or
- error regarding court proceedings.
This guide outlines how to resolve commercial disputes.
What Happens When My Commercial Case Goes on Appeal?
If the Court grants you leave to appeal your commercial case, you must follow a specific process. This includes serving a notice of appeal to the other party involved in your dispute. The Court will write to you explaining what you have to do and the date for your hearing. However, it is important that you seek legal assistance to make sure you are following this procedure correctly.
The Hearing
During the hearing or through the administrative process, the Court may hear new evidence about your commercial dispute. However, you cannot present this without the Court’s permission.
The Court is likely to grant you permission if the evidence:
- is credible;
- was not possible to reveal in the earlier trial; and
- makes a significant difference to the result of your case.
In some cases, the Court may order a new trial in the lower court to consider any fresh evidence you provide.
While on appeal, two or three judges will hear your case and reach a new decision. They will either:
- refuse your appeal;
- uphold your appeal, so agree the decision was wrong;
- change the original order or judgement slightly;
- set aside the original judgment;
- ask the lower court to look at the claim again; or
- tell the lower court that a new trial is necessary.
The Court may also make orders regarding costs. If you lose, you will likely have to pay costs and the legal fees of the other party. However, if you win, you do not automatically receive costs. If you acted unreasonably and did not consider other methods of dispute resolution, such as arbitration, the Court may not award you costs.
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Key Takeaways
If you disagree with the decision of your commercial case in court, you may be able to get leave to go to the Court of Appeal. They can review the decision and potentially change it. However, this is not a guaranteed right and sometimes you may need to ask for ‘leave of the court’. If you are granted leave, you are likely to proceed to a hearing where the Court will review your case and take actions, such as upholding or refusing the decision. Depending on their decision, you may receive or be required to pay costs and legal fees.
If you need help understanding what happens when your commercial case goes to the Court of Appeal, LegalVision’s experienced disputes and litigation lawyers 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.
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