Court of Appeal disputes: Advanced appellate strategy for IP matters
When an intellectual property dispute reaches the Court of Appeal, the litigation shifts entirely to a complex legal analysis of the High Court's judgment.
We integrate with your firm to serve as specialist appellate counsel, providing the forensic expertise required to identify errors of law or principle in the initial ruling.
Our role is to build a high-level, focused appeal strategy, handling the intense legal and procedural demands while maintaining our discreet, advisory service to protect your firm’s client relationship.
What is it?
The Court of Appeal hears appeals from the High Court and IPEC (Intellectual Property Enterprise Court).
It is not a re-trial; the court reviews the judgment of the lower court to determine if the judge made an error of law, applied the law incorrectly, or made a finding of fact that was not supported by the evidence.
Appealing a judgment is a highly complex process requiring a detailed understanding of appellate procedure, permission requirements, and a focused strategy that attacks the legal foundations of the previous ruling.
How we assist you
We empower your firm to confidently advise clients on the viability of an appeal, providing the strategic insight necessary for the successful prosecution or defence of a judgment at this level.
- Viability assessment: We conduct a rapid, objective analysis of the lower court’s judgment and the trial record to identify strong, appealable points of law, advising your firm on the commercial and legal viability of proceeding.
- Permission strategy: We manage the complex process of applying for and obtaining permission to appeal, a crucial procedural hurdle at this level of litigation.
- Forensic deconstruction: We expertly deconstruct the original judgment and supporting evidence, isolating errors of law or procedural unfairness that form the basis of the appeal argument.
- High-level advocacy: We draft concise, powerful skeleton arguments and provide specialist advocacy, focusing exclusively on the legal points necessary to persuade the appellate judges.
Our unique capability in this area
Our firm’s strength in appellate work is rooted in our experience in complex litigation.
We view the original trial through the lens of a higher court, allowing us to build an appeal-proof case from the outset or dismantle an opponent’s victory on technical grounds.
- Error identification: Our litigation-first perspective enables us to spot the subtle, yet critical, errors of law or procedure in a lower court's judgment that a generalist firm might miss.
- Risk-managed approach: Appealing is a costly and high-risk undertaking. We provide your firm with a frank, commercially-focused assessment of the likelihood of success, allowing the client to make a fully informed decision.
- Judicial context: We have deep experience presenting cases to the senior judiciary, ensuring the arguments are tailored to the precise legal focus and expectations of the Court of Appeal.
Partner with specialist IP counsel
Secure expert counsel for your client's most critical IP challenges at the appellate level. Use the calendar below to arrange a confidential consultation on how we can integrate our advanced appellate strategy into your firm's service offering.
The content on this page is provided for general informational purposes only and does not constitute legal advice. No solicitor-client relationship is created by your use of this site. While we strive to ensure the information is accurate and up-to-date, it should not be relied upon as a substitute for professional legal counsel. For specific advice regarding your legal situation, please contact us directly to arrange a consultation.
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