Appeals in UK Law

Leading Cases
  • Powell v Streatham Manor Nursing Home
    • House of Lords
    • 28 February 1935

    It must recognise the onus upon the Appellant to satisfy it that the decision below is wrong: it must recognise the essential advantage of the trial Judge in seeing the witnesses and watching their demeanour. In cases which turn on the conflicting testimony of witnesses and the belief to be reposed in them an appellate Court can never recapture the initial advantage of the Judge who saw and believed.

    But where the evidence is conflicting and the issue is one of fact depending on oral evidence, any Judge who has had experience of trying cases with witnesses cannot fail to realise the truth of what Lord Sumner says: as the evidence proceeds through examination, cross-examination and re-examination the Judge is gradually imbibing almost instinctively, but in fact as a result of close attention and of long experience, an impression of the personality of the witness and of his trustworthiness and of the accuracy of his observation and memory or the reverse.

  • Tanfern Ltd v Cameron-Macdonald and another
    • Court of Appeal (Civil Division)
    • 12 May 2000

    Under the old practice, the appeal to a judge was a rehearing in the fullest sense of the word, and the judge exercised his/her discretion afresh, while giving appropriate weight to the way the lower court had exercised its discretion in the matter. The appeal court's duty is now limited to a review of that decision, and it may only interfere in the quite limited circumstances set out in CPR 52.11(3).

  • Walls Meat Company Ltd v Khan
    • Court of Appeal (Civil Division)
    • 24 October 1978

    The performance of an act, in this case the presentation of a complaint, is not reasonably practicable if there is some impediment which reasonably prevents, or interferes with, or inhibits, such performance.

  • Bolton v The Law Society
    • Court of Appeal (Civil Division)
    • 06 December 1993

    But none of them touches the essential issue, which is the need to maintain among members of the public a well-founded confidence that any solicitor whom they instruct will be a person of unquestionable integrity, probity and trustworthiness. The reputation of the profession is more important than the fortunes of any individual member. Membership of a profession brings many benefits, but that is a part of the price.

  • Raschid v General Medical Council
    • Court of Appeal (Civil Division)
    • 19 December 2006

    20. These strands in the learning then, as it seems to me, constitute the essential approach to be applied by the High Court on a section 40 appeal. The approach they commend does not emasculate the High Court's role in section 40 appeals: the High Court will correct material errors of fact and of course of law and it will exercise a judgment, though distinctly and firmly a secondary judgment, as to the application of the principles to the facts of the case.

  • Edwards (Inspector of Taxes) v Bairstow
    • House of Lords
    • 25 July 1955

    But, without any such misconception appearing ex facie, it may be that the facts found are such that no person acting judicially and properly instructed as to the relevant law could have come to the determination under appeal.

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Books & Journal Articles
  • Appeals
    • Contents
    • Assets of Community Value. Law and Practice
    • Simon Adamyk
    • 227-286
  • Custody Appeals
    • No. 48-6, November 1985
    • The Modern Law Review
  • Successful Sentencing Appeals—An Analysis
    • No. 67-3, June 2003
    • Journal of Criminal Law, The
    • 0000
    This article considers successful appeals against sentence from the Crown Court to the Court of Appeal 1996–2002. After weighting for caseload volume it became apparent that there was a wide range ...
  • Appeals Strategy Needed
    • No. 40-3, October 1993
    • Probation Journal
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Law Firm Commentaries
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