some advice on how to word an appeal

[tonyton]

Hello,

 

I've been searching around this site for a long time but haven't been able to find an answer to my question.

 

First of all, I'll apologise if I'm being a bit vague in places but I don't want to put a lot of personal details onto a public forum that might identify me. People have said that this forum gets read by a wide range of companies etc.

 

I've recently been involved in a court case that didn't end up with the result thatI was hoping for.

 

However, since then I have come across a couple of Court of Appeal cases that are directly relevant to my case that I did not know about at the time (and neither did my solicitors - bunch of muppets they were) that would have strongly supported my case.

 

So, when the judge made his decision he was not aware of these judgements and heard no argument concerning them.

 

I now wish to appeal this judgement and I am putting together the grounds of the appeal (I'm aware of what I need to do and the potential costs involved). Basically, my grounds of appeal are that there are precedents from the court of appeal that directly contradict the order that the judge made.

 

My question is, how do I write the grounds of appeal in a properly "legal" fashion?

 

I was thinking something along the lines of :-

 

The Court of Appeal held in the case of X v Y that ... [relevant details]. In the case which is the subject of this appeal, no argument was heard by the court concerning this case. It is submitted that had the court been aware of X v Y then it would not have made the order that it did.

 

 

I know that a lot more detail than this is needed but I'm trying to find out what sort of things should be included in the grounds of appeal as I am aware that the court will only consider the actual grounds of appeal presented to them and that you cannot alter the grounds at a later stage.

 

Any help or suggestions would be very welcome.

 

Sorry for being a bit vague about the details of the case but I don't want to give any ammunition to the other side at this point in time.

[vjohn82]

You can only appeal if the Judge made an error of judgement, misdirected himself or there is another compelling reason for the case to be heard.

 

Generally speaking, precedent only takes a certain weighting in any case.

 

Appeals tend to be handled by barristers but not completely out of the abilities of the LIP.

[tonyton]

Thanks for your reply. If anybody is interested, I found the phrase I was looking for:-

 

"The judge misdirected himself in that he failed to apply established authorities"