Saturday, August 10, 2019

Court of Appeal Menu

If either party in Bates and others v Post Office takes issue with aspects of any judgment made during this litigation, they have the option of approaching the Court of Appeal.

So far only the Post Office has attempted to appeal any judgments. The first application to appeal came after the judge, Sir Peter Fraser, refused to recuse himself as managing judge of the litigation. The Court of Appeal refused the application to appeal that judgment.

The second attempt came after Sir Peter refused the Post Office permission to appeal the Common Issues trial judgment.

The application to appeal was filed and immediately rejected by the Court of Appeal on grounds of length. A shortened application was submitted in June 2019. The Court of Appeal is considering that application and is expected to make a decision in autumn 2019.

I have laid out the pieces and relevant documents below.

The Court of Appeal

Recusal judgment appeal application

The Court of Appeal refuses the application to appeal the recusal judgment. Write-up: "Fraser J is going nowhere"
Court of Appeal refusal decision document

Common Issues appeal application

The Court of Appeal rejects the initial application to appeal the Common Issues judgment. Write-up - "Court of Appeal invites Post Office lawyers to have another go"

The Post Office's second application to appeal the Common Issues judgment at the Court of Appeal. Write-up: "Post Office's application to appeal common issues judgment"
Second application grounds of appeal and skeleton argument.
Respondents' Statement of Objection.
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