Overview
Appeals can be a powerful strategic tool in clinical negligence and personal injury litigation, but only when used appropriately and with a clear understanding of the legal and procedural framework. This focused webinar is designed to equip practitioners with the knowledge and confidence to identify when an appeal should be pursued, how to assess its merits, and how to navigate the procedural and tactical challenges involved.
Drawing on the relevant provisions of the Civil Procedure Rules (CPR), including the latest amendments affecting routes of appeal, the session will provide a practical roadmap for handling appeals against both interim orders and final judgments. It will examine the legal basis for appeals, the distinction between reviews and re-hearings, and the procedural requirements for obtaining permission to appeal.
The webinar will also address key strategic considerations, including the application of QOCS, the impact of Part 36 offers, potential sanctions, and the costs and funding implications of pursuing (or defending) an appeal. By the end of the session, delegates will have a clear framework for evaluating appeal prospects and managing appellate litigation effectively and proportionately.
Learning Objectives
By the end of this webinar, participants will be able to:
- Understand the purpose and strategic importance of appeals in civil litigation.
- Identify when an appeal should properly be considered, and when it should not.
- Distinguish between appeals against interim orders and final judgments, and understand the procedural and tactical implications of each.
- Analyse whether an appeal is based on a review or a re-hearing, and apply the correct legal test.
- Determine when permission to appeal is required and explain the process for obtaining permission.
- Identify the correct route of appeal under the current CPR framework.
- Assess whether QOCS protection applies in appellate proceedings.
- Evaluate the interaction between Part 36 offers and appeals, including cost consequences.
- Recognise the risks of sanctions in appellate litigation and how to avoid them.
- Navigate the practical and tactical issues that arise in pursuing or defending an appeal.
- Advise on the costs and funding considerations associated with appeals.
Target audience
This webinar is aimed at practitioners seeking to strengthen their appellate decision-making, minimise risk, and maximise strategic advantage in post-judgment litigation.
"John McQuater is one of the best speakers on the legal training circuit"
APIL Past President, Director of Switalskis Solicitors Ltd
John McQuater qualified as a solicitor in 1983 and is a Director of Personal Injury, and member of the Complex Injury Team, at Switalskis Solicitors... view full biography