How to succeed at the Court of Appeal

Are there sure-fire techniques that make it easier to succeed in appeals?  Yes, there are. If appellate counsel don't practise the Rules of Minimalism, Detachment, or do not ask the right Questions of Law, they'd fail. If they argue at the Court of Appeal burdened with a blunderbuss, they'd fail - because they are kiasu: they shoot at any target, with everything they've got. Here are some techniques that ...

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Should judges condone inequitable behaviour of counsel?

How far should lawyers go to win a case? And how long should judges refuse to sanction counsel’s egregious conduct? Advocates and solicitors ( ‘lawyer’ and ‘counsel’ are used interchangeably) always must exhibit the highest level of professional conduct. They must always uphold the dignity of the profession and the interest of justice. Towards opposing counsel they must show candour, courtesy and fairness. No one should deceive a court, or his or ...

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What are the Bozson and Salaman tests in law?

[March 7, 2017] No it has nothing to do with a salamander! The question is a simple one. The Bozson and Salaman Tests are straightforward. They refer to the two sides of the same coin. They concern two cases: Bozson v Altrincham Urban District Council [1903] 1 KB 547  and  Abd Salaman v Warner [1891] 1 QB 734. These two tests differentiate between a 'final order' and an 'interlocutory order'. Where a case has started, it may proceed ...

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