Appeals

For a range of reasons, your litigation process may not have proceeded as you expected or had the desired outcome. It can be sensible, therefore, for an independent legal team to review your matter ‘end-to-end’ to sense check the key actions and decisions. At the very least this can bring you peace of mind and reassurance that all was in order.

The Appellate team here at CMS has the experience and forensic legal understanding to be your independent expert bringing a new objective perspective through a fresh pair of eyes.

In short, we look again, and whilst such an approach may suggest new strategic considerations, this review may simply confirm the existing legal advice. Either way, it’s good to know.

With a strong track-record handling numerous complex appeals before the English Court of Appeal and UK Supreme Court, clients turn to CMS because we provide independent, commercial advice, alongside fresh critical thinking grounded in decades of experience handling complex appeals.

Our advice is carefully tailored to the client’s needs, whether a quick overview or a detailed analysis, a review of the law or consideration of the evidence, or simply a strategic rethink based on our extensive experience.

We can mobilise rapidly to provide a range of cross-jurisdictional services including:

• reviewing the conduct of the proceedings 
• providing strategic input on the litigation
• outlining your options moving forward and our recommended approach
• working closely with your existing team in partnership to achieve your objectives with limited transition or additional expense.  

In addition, we’re able to seek the views of a senior (retired) judge regarding how certain applications, including to the Court of Appeal or above, may be considered from a judicial perspective. This can provide valuable further insight from someone who has been at the bench.

We can also draw on established relationships with litigation funders and provide assessments on whether third party funding may form part of any appeal strategy. Our team also routinely collaborates with leading PR firms to support businesses to mitigate the impact of an adverse decision on their public profile.

Relevant experience:

• The Association of the British Pharmaceutical Industry (ABPI) and the Association of British Healthtech Industries (ABHI) in the Lloyd v Google UK Supreme Court Case, seeking £3 billion damages for breaches of data protection law. 
• Sports Information Services Limited (SIS) in a case related to the creation and provision of horseracing betting odds referred to the Supreme Court for appeal. 
• Arora Group on extensive regulatory, competition law, public law and planning advice in relation to Arora’s bid to build the third runway at Heathrow Airport. The project had been uncertain due to a Court of Appeal decision but was subsequently overturned by the UK Supreme Court.