×

Registrant Details

Use this window to add all the registrants you wish to register on behalf of. If you want to attend the course also, ensure you add yourself as one of the registrants. Make sure you press "Save" after adding each new registrant.

Registrant 1
First name
Last Name
Email Address
Username ( if known )
NZLS Member or Associate Member?
1x Registrant
Proceed to Checkout

This book is only available in PDF format

Date: Monday, 18 May, 2009
Pages: 59

Appellate advocacy is fundamentally different to advocacy at first instance.

  • With an appeal, factual and/legal findings have been made. An appeal is a means to upset the status quo, not an attempt to persuade a court at first instance to a certain position.
  • The material to be considered on appeal is defined, subject to inclusion of further evidence. The raw material used to come to the decision and the decision itself are the subject of scrutiny. An appeal is effectively a review function, both of process and substance.
  • The issues are different and more refined than at first instance. The focus is on the efficacy of the decision and the process used.
  • The forum is different. The audience for counsel’s advocacy will be a senior judge or judges who will be experienced, knowledgeable and unsympathetic to unmeritorious arguments. Hyperbole and grandstanding are counterproductive. Jury techniques are redundant.
  • Appeal principles and criteria are defined. Counsel should review any appeal file and frame the appeal against such principles.

The essence of appellate advocacy is to be able to persuade the appellate court that there is a flaw in the decision appealed from, such that the appellate court should intervene in the manner sought. This seminar is aimed at enhancing appellate persuasion techniques and enabling an appeal to be put forward in a way which increases its prospects of success.

David Jones QC Warren Pyke
David Jones KC
Auckland		 Warren Pyke
Barrister
Hamilton

Questions?

In order to assist us in reducing spam, please type the characters you see:

You might also be interested in ...