Advocacy at appellate stage

Advocacy at appellate stage - by Gopal Sri Ram JCA

1. Prepare for appeal at the High Court trial - when the Fiat major ruling is made against you.

2. Leave - set out chronology, set out whole story. Short paragraphs

3. Exhibit record of appeal

4. Must not assume judges read papers

5. Take the best point first.

6. Don't assume judges know the law.

7. If appeal is against part of decision, describe very clearly in 1 sentence.

8. Memo of appeal - list of complaints against judge - don't draft too specifically. Draft in broad ways, then go into specifics.

9. Now: memo filed without benefit of grounds of judgment and reserves right to raise new grounds.

10. Prepare only outline of submissions.

11. Submissions - take the best point.

12. Do it in style.
13. Responding to opponent

14. Respondent's notice - set out grounds in support of judgement

9.7.2013