The Master of the Rolls, Sir Geoffrey Vos, recently handed down a judgment in the Court of Appeal which seeks to clarify how Grounds of Appeal should be drafted:-
i) The grounds of appeal are an essential analytical tool for the court, to enable it to identify the issues which it is being asked to decide: they are not a vehicle for advocacy, which is the role of the skeleton argument.
ii) The starting point in every case must be for the appellant to think through carefully what specific errors the court below is alleged to have made. Once these errors have been identified, they need to be clearly and concisely articulated. In the unlikely event that the grounds are numerous, they must be presented in a structure which makes clear how they inter-relate.
iii) Each ground of appeal must be separately numbered, and the particular passages in which the judge appealed is said to have gone wrong must be specifically identified.
iv) The purpose of the grounds of appeal is to identify the points on which permission to appeal is sought, not to argue those points. Supporting submissions belong in the skeleton argument.
v) It follows that grounds of appeal should be short; in many cases, a few sentences will suffice. In a complex case, grounds of appeal may be longer, but clarity and concision should never be compromised.
This was a case in which exceptionally a permission to reopen a permission to appeal application under CPR 52.30 was allowed.Share This:-
On the 31st July 2020 the Prime Minister’s Office announced that Her Majesty The Queen had been pleased to approve the appointment of Sir Geoffrey Vos as the Master of the Rolls from the 11th January 2021 in succession to Sir Terence Etherton.
It is interesting to note that 6 out of 7 of the most recent incumbents of this judicial office have been of the jewish faith the others being Lords Woolf, Phillips, Neuberger and Dyson.
We find that jewish solicitors are often particularly sought after because of their perceived quality traits of intelligence, shrewdness, toughness and integrity.
If you are looking to find such a solicitor please do not hesitate to call us.Share This:-
Property prices in prime central London have recovered to that seen a year ago. Gazumping is also on the increase due to competition.
Mayfair has seen the largest increase in residential sales whilst losing the biggest number of commercial tenants to the City.Share This:-
Central London has seen a large uptake in office space over the past four weeks. This has been dominated by the creative industries such as advertising and public relations agencies and fintech firms. Figures are up by almost one third on October last year. Off plan leasing deals have also increased dramatically with more than half of the buildings currently being built having deals undergoing due diligence by London solicitors.Share This:-
Growth, in flexible working space is continuing apace and also in warehouse facilities; the latter being the conduit of distribution for the burgeoning internet market. These storage edifices are reported to be best sellers especially in the home counties including London. Space being at a premium, may well see these commercial facilities appearing adjoining residential homes.
Current currency rates ensure commercial property in London retains its appeal to investors especially to those of Asian decent.
Commercial solicitors in London have reported an increase in contract instructions. Many feel that this is due to the fact that post the Brexit vote American deals with the United Kingdom have increased recently compared to last year. This upturn however is not reversible i.e. it is not reflected with transactions between the United Kingdom and America.Share This:-
Prosecutions for commercial fraud are expected to rise this year due to a stronger commitment to bring proceedings under the Bribery Act 2010. It will be interesting to see how the offence of failing to prevent bribery is handled by both the prosecuting authorities such as the Serious Fraud Office and defendants alike.
The Criminal Finances Act currently forging its passage through Parliament, as a Bill, should bring some tantalising developments.
The changes made to entrepreneur’s relief and to capital gains tax by the Budget in March have made growing businesses and start ups more attractive as investment vehicles many commercial solicitors in London are reporting. Capital gains tax was cut from 28% to 20% for top rate tax payers and from 18% to 10% for basic rate tax payers.
Long-term shareholders in unlisted companies are to receive a boon as entrepreneur’s relief is set to be extended.