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The appeals system in Liverpool, akin to the entire United Kingdom, is designed to allow individuals or entities dissatisfied with a court's judgment or decision to have the outcome reviewed by a higher court. Appeals often involve complexities and meticulous interpretation of legal principles and are therefore subject to strict procedures and time limits. They can be lodged against various kinds of judgments, from civil and criminal proceedings to tribunal decisions.
Engaging a lawyer for an appeal is crucial due to its intricacies and strict procedures. Individuals may need a legal expert if they believe they have received an incorrect decision due to a legal error in the initial trial. Likewise, if new and significant evidence emerges that could influence the result, a lawyer’s contribution is invaluable. Lawyers play a critical role in assessing the probabilities of success, ensuring adherence to strict deadlines, presenting the evidence efficiently, and arguing cogently before the judges.
Appeal laws in Liverpool, as in the rest of the United Kingdom, come under the Administration of Justice Act 1960 and the Civil Procedure Rules. Importantly, not every case can be appealed; certain conditions must be met. For civil cases, Permission to Appeal (PTA) must be granted, either by the lower court that made the decision or the appeal court. In criminal cases, a right to appeal exists against conviction or sentence, but must be lodged within 28 days. Applications outside this time can be considered, but only under compelling circumstances.
Decisions from many lower courts and tribunals can be appealed, including County Court, High Court, Crown Court, Magistrates' Court, and various tribunals.
If you lose an appeal, the original decision stands, and in many cases, you may be required to pay the costs of the other party for the appeal proceedings.
Yes, there are strict deadlines for lodging an appeal, generally within 21 days for civil cases and 28 days for criminal cases from the date of the decision. These deadlines can only be extended under exceptional circumstances.
While you are allowed to lodge an appeal without legal representation, it is not advisable due to the complex legal principles involved in the process. Legal guidance significantly increases the chances of success in your appeal.
A legal expert can guide you through the appeal process, help identify any legal errors in the original trial or new evidence, succinctly present and argue your case before the court, ensure all deadlines are met, and provide estimation on the likely outcome of your appeal.
The HM Court and Tribunal Service (HMCTS) provides guides and information on the appeal process. The Citizens Advice Bureau (CAB) offers free, confidential, and independent advice for everyone, and law centres are also valuable resources providing free legal advice and representation.
If you are considering to appeal a court's decision, seek legal advice as soon as possible due to the tight deadlines for lodging an appeal. Engage a lawyer with the right experience and expertise to maximise your chances for a successful appeal. Prepare all necessary documents and cooperate with your lawyer to present a well-argued case before the judges.
