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14 October 2016 / Richard Langley
Issue: 7718 / Categories: Opinion
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Swift justice?

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Abolishing renewal hearings may tackle the appeals backlog, but at what price? Richard Langley reports

It is a truth, not universally acknowledged by the senior judiciary, that each wave of judge-led procedural reforms has involved the creation of new procedure that only serves to add to the legal costs being incurred. Costs budgeting is the most obvious recent example.

It is only fair to acknowledge therefore that we now have a reform in relation to appeals to the Court of Appeal which will remove a significant part of the appeal process and all the costs that go with it.

With effect from 3 October 2016, when an application for permission to appeal is made to the Court of Appeal, the application will be determined on paper without an oral hearing. Gone is the automatic right to have a refusal on the papers reconsidered at a hearing (known as a “renewal hearing”). In its place is a discretion to direct an oral hearing (a discretion which the judge must exercise if he or she takes the view that the permission application cannot be fairly determined on paper). However, this

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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