header-logo header-logo

Swift justice?

14 October 2016 / Richard Langley
Issue: 7718 / Categories: Opinion
printer mail-detail
nlj_7718_langley

Abolishing renewal hearings may tackle the appeals backlog, but at what price? Richard Langley reports

It is a truth, not universally acknowledged by the senior judiciary, that each wave of judge-led procedural reforms has involved the creation of new procedure that only serves to add to the legal costs being incurred. Costs budgeting is the most obvious recent example.

It is only fair to acknowledge therefore that we now have a reform in relation to appeals to the Court of Appeal which will remove a significant part of the appeal process and all the costs that go with it.

With effect from 3 October 2016, when an application for permission to appeal is made to the Court of Appeal, the application will be determined on paper without an oral hearing. Gone is the automatic right to have a refusal on the papers reconsidered at a hearing (known as a “renewal hearing”). In its place is a discretion to direct an oral hearing (a discretion which the judge must exercise if he or she takes the view that the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll