Resolution Podcast S2 Episode #10 | All you need to know about appeals | w/ Chris Barnes & Joseph Rainer

Talking Family Law - The Resolution Podcast

In this episode we speak to two keen advocates known for their appellate work; Chris Barnes and Joe Rainer. Chris speaks about appeals in Children Act work and Joe speaks to financial remedy appeals.

We discuss how to evaluate the type of decision – is it an evaluative or discretionary decision, or is it a finding of fact and how this impact on your likelihood of success. This is the speech of Mr Justice Mostyn about that:

https://www.judiciary.uk/speech-by-mr-justice-mostyn-to-the-hong-kong-family-law-association/

In the context of the discussion, Joe talks about the decision of HHJ Hess in SC - and -TC [2022] EWFC 67 in respect of a pre-nup:

https://caselaw.nationalarchives.gov.uk/ewfc/2022/67

We also discuss the ability of the respondent to put in a written response to an appeal, pursuant to:

Jolly v Jay & Anor [2002] EWCA Civ 277 (7th March, 2002)

https://www.bailii.org/ew/cases/EWCA/Civ/2002/277.html

Chris mentions that the current case law in respect of costs on appeal in Children Act cases is contained in Re S [2015] UKSC 20 and Re T [2012] UKSC 36

https://www.bailii.org/uk/cases/UKSC/2015/20.html

https://www.bailii.org/uk/cases/UKSC/2012/36.html

Plus we cover when to file a notice of appeal, caulderbanks, when to participate in the permission stage, costs, and procedural issues.

If you have an appeal, or a potential appeal on your desk, this is a really helpful episode.