The Lawsuits Thread

Discuss the latest Johnny Depp news, his career, past and future projects, and other related issues.
justintime
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The Lawsuits Thread

Unread post by justintime » Sat Nov 21, 2020 2:56 am

Lbock wrote:
Fri Nov 20, 2020 4:16 pm

It's too coincidental that both sites were hit within the same 24 hours. But the petitions are still active and able to receive new signatures.

I'll let you know what I hear back from the authors.
Yes, re: the tampering with the two CHANGE.org petitions, the one word that screams out louder and louder is “coincidence”. WHY NOW? These petitions have been around for months, with peak signage impacted - as would be expected - by events in Johnny’s life.

I may be way off base here but, frankly, I suggest an “event” in Johnny’s life is occurring in two more days. On the upcoming Monday, 11/23/20, it will be exactly 21 days after the date of the Libel Suit Decision. Johnny has to file his Appeal Notice to the Court of Appeals by that date.

His team will have had 21 days - a mere 3 weeks - to dismantle Nicol’s flawed reasoning on all twelve incidents so thoroughly not even a breath of doubt remains. So thoroughly that, if granted, his appeal either would have a real prospect of success OR there would be some other compelling reason identified as to why the appeal should be heard - e.g. was the judgement seriously unjust because of a grave procedural or other irregularity?

It’s actually a monumental task given the complexity of the case and time has been short. In between all this, Johnny has had to give a three-day-long deposition. With flying time factored in, nearly a week of availability was lost.

So how does the petition tampering fit in? At least two ways:
1. To distract the many extremely capable people who have emerged over the months with unimaginably keen critical thinking and analytical skills: a thought here, a comment there, a connection made, a connection questioned, dates and times established, dates and times challenged, events confirmed, events denied etc. Small things, but small things that somehow get back to JD’s team and have, occasionally, blown apart a casually accepted false scenario. Last minute distractions can mean missed opportunities. No room for that option here.

2. To pose the question of potential “smear/bot” accusations on the part of Johnny’s team in attempting to further(?) compromise AH’s reputation:
Inquiring Minds wrote:
Fri Nov 20, 2020 10:17 pm
When I saw the Aquaman petition take off, we attributed this to TikTok coming on-board. But with Amber's gaslighting history and smear/bot allegations, I would not be surprised if her team isn't behind a bot attack on the petition to artificially inflate the numbers - then claim that Johnny or Adam are behind it.
Wheel spinning at its best and inciting enough to create confusion, gobble up precious time, and further malign the reputation of the innocent Johnny Depp.
"Stay low." ~ JD
"I don't like it in here . . . it's terribly crowded." ~ Hatter
"There's something about Johnny that breaks your heart." ~ John Logan, ST
"Tear deeper, Mother." ~ Wilmot

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RumLover
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The Lawsuits Thread

Unread post by RumLover » Sat Nov 21, 2020 5:45 am

My understanding of the appeal is that it is not about proving the judgement was wrong but finding an error in the court process.
As Greef put it

So did the judge or lawyers fail to declare something they should have. We don't know if the judge declared that his son worked for a defendant company. Or it there is some mishandling of evidence or witnesses.
It is not sufficient to show the judge was illogical and wrong.
If an appeal is allowed, then the appeal judges will examine the evidence and court transcripts.

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Unread post by AdeleAgain » Sat Nov 21, 2020 10:19 am

Ok a bit of guess work that is no more educated than what I've read over the past three weeks. I think things they may be able to appeal on are:

- something around the unfair handling of witnesses, eg AH and WH being allowed to sit in on proceedings and then the common sense test tells any reasonable person they have changed and embellished their evidence

- there may also be something around dear Jenn - inappropriate liaison with NGN when she was supposedly the witness' lawyer, interference over getting a statement from Laura Diviniere, and apparently she has post event claimed to be acting for NGN (Gre3f wrote interestingly about her conflict but I don't quite understand the details)

- over reach - I think this will be a big one - judge apparently over reached in his conclusions about the Australia case in that he gave his opinion on a foreign court which is a no-no. He also over reached elsewhere in concluding things that were never presented as testimony by either side eg JD must have cut his finger on all the broken glass. No one said that. There is no evidence.

- I hope they can get something in about perjury. I wonder if you can introduce new evidence to show perjury has been committed, if not - they have to be able to show it. The one I can think of off the top of my head is the bathroom tape: in her 2016 deposition she gave a totally different story to the one she told in London. One she was escaping an attack by him; two - she was hovering outside the bathroom door and punched him to wake him up. One of them is a lie (actually the words on the tape show both are lies but never mind).

- unfair weight of evidence - fact that the judge showed no good cause to dismiss third party witnesses (police, building staff) but gave unfair weight to biased witnesses.

- and then maybe conflict of interest - the only one which I think will carry any weight is his son. Whilst all the other connections are very fishy and certainly the various people involved have not exactly behaved like they've got nothing to hide - connections and knowing one another probably isn't enough. Employment of your child by the owner of one part in the case needs to be declared - he may very well have done so, but if he did I am surprised no one from that side has leaked it.

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Unread post by AdeleAgain » Sat Nov 21, 2020 10:28 am

Think JD's instagram followers have gone up again - 8.5m? Was it 8.4m yesterday?

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Unread post by Snowcat » Sat Nov 21, 2020 10:40 am

Inquiring Minds wrote:
Fri Nov 20, 2020 10:17 pm
When I saw the Aquaman petition take off, we attributed this to TikTok coming on-board. But with Amber's gaslighting history and smear/bot allegations, I would not be surprised if her team isn't behind a bot attack on the petition to artificially inflate the numbers - then claim that Johnny or Adam are behind it.
I would not be the least bit surprised if that is exactly what they are doing, to "prove" that many of the signers are "bots". People like that are tricky and they will stop at nothing, as they have no limits!
He said, "Wow, Very Nice!", and signed my painting. TIFF 2015.

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Unread post by ForeverYoung » Sat Nov 21, 2020 1:33 pm

“Growing old is unavoidable, but never growing up is possible."

justintime
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Unread post by justintime » Sat Nov 21, 2020 3:16 pm

Thanks for so many thoughtful, clarifying comments. Maybe I’m just too old to properly separate what is required for each step. Any help would be much appreciated:

1. Who is actually preparing and filing the Appeal Notice - the request for an appeal of the Judgement - for Johnny on Monday, 11/23/20? Will they be the ones seeing the entire process through ?

2. Is NGN the only “respondent” being served with a copy(?) of the Notice? And must this be within 7 days after the Notice was filed - so by 11/30/20?

3. Is there any motion, response, opposition etc. that can be made by NGN, or other respondents, to the Notice? If so, what is the timeframe and can they delay or derail the Notice at this early stage?

4. Actually, can NGN do anything to influence the Court of Appeal in its consideration of whether to grant JD permission to file the Appeal? Is the Court of Appeal made up of three judges (more QC material?). Do we know anything about them?

5. Will there be - or has there been already - any further “Order” released that accompanied the Judgement and dictates financial or other consequences of the Judgement? If so, does the in-progress Appeal process - including the request - act as a “stay” on those “obligations”?

6. Once the Appeal Notice has been filed and permission to file the Appeal has been granted, I believe JD can move forward with a “skeleton argument”.
My understanding is the skeleton argument (the opportunity for the appellant to set out their case and show the judges the merits of their case) is required for all civil appeals and is something that must be served within 14 days of filing the Appeal Notice, i.e. 12/07/20.
Does a respondent get a copy of the skeleton argument or is the Appeal Notice the only thing they receive in this process and the only point where they can file an opposition?

My two biggest concerns are: The potential for NGN to stonewall the process; and, Second, Can Johnny really trust the process to right itself this time around, if for no other reason than to reset the now-tarnished global reputation of London’s High Court?

That’s as far as I can think right now. Actually, this is, truly, pretty overwhelming. My heart goes out to Johnny; I pray he is somehow managing, and even though we may not know, that he has good friends with him always. :heart2:
"Stay low." ~ JD
"I don't like it in here . . . it's terribly crowded." ~ Hatter
"There's something about Johnny that breaks your heart." ~ John Logan, ST
"Tear deeper, Mother." ~ Wilmot

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Lbock
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The Lawsuits Thread

Unread post by Lbock » Sat Nov 21, 2020 3:26 pm

justintime wrote:
Sat Nov 21, 2020 3:16 pm
Thanks for so many thoughtful, clarifying comments. Maybe I’m just too old to properly separate what is required for each step. Any help would be much appreciated:

1. Who is actually preparing and filing the Appeal Notice - the request for an appeal of the Judgement - for Johnny on Monday, 11/23/20? Will they be the ones seeing the entire process through ? Shillings is still his UK lawyers, not David Sherborne

2. Is NGN the only “respondent” being served with a copy(?) of the Notice? And must this be within 7 days after the Notice was filed - so by 11/30/20? Yes

3. Is there any motion, response, opposition etc. that can be made by NGN, or other respondents, to the Notice? If so, what is the timeframe and can they delay or derail the Notice at this early stage? I am pretty sure they get to file an opposition

4. Actually, can NGN do anything to influence the Court of Appeal in its consideration of whether to grant JD permission to file the Appeal? Is the Court of Appeal made up of three judges (more QC material?). Do we know anything about them? There will be 3 judges dedicated to appeals

5. Will there be - or has there been already - any further “Order” released that accompanied the Judgement and dictates financial or other consequences of the Judgement? If so, does the in-progress Appeal process - including the request - act as a “stay” on those “obligations”? Good question. We havent seen nor heard about costs awards. Maybe NGN submits that after ruling ???

6. Once the Appeal Notice has been filed and permission to file the Appeal has been granted, I believe JD can move forward with a “skeleton argument”.
My understanding is the skeleton argument (the opportunity for the appellant to set out their case and show the judges the merits of their case) is required for all civil appeals and is something that must be served within 14 days of filing the Appeal Notice, i.e. 12/07/20.
Does a respondent get a copy of the skeleton argument or is the Appeal Notice the only thing they receive in this process and the only point where they can file an opposition?

My two biggest concerns are: The potential for NGN to stonewall the process; and, Second, Can Johnny really trust the process to right itself this time around, if for no other reason than to reset the now-tarnished global reputation of London’s High Court? It is a very high bar set for an appeal. I think it’s unlikely he will get the permission he needs. I would expect the worst and pray for the best

That’s as far as I can think right now. Actually, this is, truly, pretty overwhelming. My heart goes out to Johnny; I pray he is somehow managing, and even though we may not know, that he has good friends with him always. :heart2:

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The Lawsuits Thread

Unread post by Lbock » Sat Nov 21, 2020 3:32 pm

I found this. I hope it helps

Appeals in the United Kingdom
Gibson Dunn & Crutcher LLP logo
Patrick Doris
United Kingdom April 3 2019
Civil matters

Are there appellate courts that hear only civil matters?

The three divisions of the High Court (see question 1) only hear civil matters. The Queen’s Bench and Chancery Divisions hear most appeals on civil commercial matters in cases originating in the subordinate courts.

The Court of Appeal’s Civil Division is a specialist division dealing with civil matters. The Supreme Court, by contrast, hears both civil and criminal appeals (although, in respect of cases originating from Scotland, its jurisdiction is limited to civil appeals).

Bringing an appeal

Deadlines

What are the deadlines for filing an appeal in a commercial matter?

As parties require permission to appeal a decision of a lower court, the filing of an appeal in a typical commercial matter involves submitting an application for permission along with supporting documentation (see question 7) within 21 days of the lower court’s decision, or such other period as may be specified by the lower court.

Permission to appeal can be sought from the lower court at the hearing in which the appealed decision was made. Alternatively, the lower court may adjourn the hearing in order to give a party time to apply for permission to appeal. Where permission is refused by the lower court, permission can be sought directly from the appeal court. It is possible to apply directly to the appeal court for permission. However, given that the application to the lower court is relatively informal and does not require any additional filings to be made, very little is gained by not first seeking permission from the lower court.

Generally, permission to appeal will be granted where either the appeal would have a real prospect of success, or there is some other compelling reason for the appeal to be heard. The ‘real’ referred to in the first limb means that the appeal’s prospect of success must be realistic and not fanciful in order for permission to be granted. The second limb can be satisfied where the question posed is a novel one or where the issue is of importance to the public. Permission to appeal will not be granted in respect of purely hypothetical or academic questions.

Procedural steps

What are the key steps a litigant must take to commence an appeal?

As noted in question 6, obtaining permission to appeal is the first stage in any appeal process.

To apply for permission to appeal from the High Court to the Court of Appeal, a party must file an appeal notice (Form N161: https://formfinder.hmctsformfinder.just ... 61-eng.pdf) and a skeleton argument with the Court of Appeal. A skeleton argument is a written document that outlines the submissions that a party intends to make in oral argument. This must be filed within 21 days of the decision being appealed and then served by the appellant on the opposing parties. The other parties then have 14 days to file a statement of reasons explaining why permission should not be granted, although this is optional. A single Court of Appeal judge will nearly always decide the application for permission on paper, without a hearing. A court fee (presently £528) is payable at the permission stage.

If permission to appeal is granted, the appellant may then file a new skeleton argument and all of the parties must agree the content of the bundles, which are then lodged with the Court of Appeal ahead of the hearing of the substantive appeal. A listing questionnaire must also be filed by the appellant setting out practical matters relating to the substantive appeal. A court fee (presently £1,199) is payable at this stage.

Where permission to appeal has already been granted or is not required, the appeal notice, skeleton, bundles and listing questionnaire listed above can be filed and lodged with the Court of Appeal directly.

In order to appeal from the Court of Appeal to the Supreme Court, it is once again necessary to seek permission to appeal from either the lower court (the Court of Appeal) or the appellate court itself (the Supreme Court). A potential appellant must seek the lower court’s permission to appeal before seeking it from the Supreme Court. An application for permission to appeal must be produced on Form 1 (www.supremecourt.uk/docs/court-form-01.pdf). The application should set out briefly the facts and points of law and include a brief summary of the reasons why permission should be granted. The grounds of appeal should not normally exceed 10 pages of A4-sized paper. An appeal panel of three Supreme Court justices will consider applications for permission. As with the Court of Appeal, these are typically decided on paper, without a hearing. The other parties to the matter will be entitled, but not obligated to file a notice of objection to the appeal, setting out why permission to appeal should not be granted. Again, as is the case in the courts below, where permission is granted by the lower court, it is possible to proceed directly to the filing of a substantive appeal.

Where permission to appeal is granted (by whichever source), the appellant must give notice to the Supreme Court and the other parties that it intends to proceed with the appeal. Further copies of the application for permission to appeal will then need to be filed with the Supreme Court registry. The Supreme Court listing officer will then contact all of the parties and make arrangements for the substantive hearing to be fixed.

Documentation

How is the documentation for appeals prepared?

For appeals from the High Court to the Court of Appeal, it is the responsibility of the party requesting permission to appeal to obtain an approved transcript of the judgment being appealed, together with a sealed copy of the judgment and copies of any order made by the lower court granting or refusing permission to appeal. These can all be obtained from the lower court. These are then lodged with the Court of Appeal along with the appeal notice. They must also be included in the core appeal bundle at both the permission to appeal stage and at the hearing of the substantive appeal.

Right of appeal

Discretion to grant permission to appeal

In commercial matters, may litigants appeal by right or is appellate review discretionary?

As noted above, a party ordinarily needs permission to appeal a decision of a High Court or County Court judge. There are very limited exceptions to this requirement, the most important example being where the appeal concerns the liberty of appellant. In such cases, that party is entitled to an appeal as of right.

Judgments subject to appeal

Can litigants appeal any ruling from a trial court, or are they limited to appealing only final judgments?

The Court of Appeal has jurisdiction to hear and determine appeals from any judgment or order of the High Court. This includes interlocutory orders and directions. Put simply, the outcome or result of any hearing in the lower court may be appealed. It should be noted that, technically speaking, it is not the reasoned judgments of the lower courts that can be challenged; but rather the orders that result from them. This is why appeals focus on issues of law, rather than findings of primary fact.

Security and interlocutory matters

Security to appeal

In a typical commercial dispute, must a litigant post a bond or provide security to appeal a trial court decision?

The Court of Appeal may order security for costs of an appeal to be paid by an appellant. This order will be made on the basis of the same grounds as any security for costs order made by a High Court judge at first instance. In commercial disputes this will most likely be in circumstances where the appellant is resident outside of the jurisdiction, or where there are doubts that the appellant would be able to pay the respondent’s costs of the appeal in the event that the appeal was unsuccessful.

Interlocutory appeals

Are there special provisions for interlocutory appeals?

No. As all appeals are against orders of the lower court, no distinction between interlocutory and final judgments is made. A judge in the lower court may rely on their general case management powers to adjourn the matter while an appeal of an interlocutory order is heard, although this will generally be a matter at the discretion of that judge.

Injunctions and stays

Are there special rules relating to injunctions or stays, whether entered in the trial court or on appeal?

Injunctions are granted at the discretion of the court and are not available as of right. An injunction will usually be granted where it appears to the court to be just and convenient to do so. The court has a broad discretion when granting injunctions. However, in the case of American Cyanamid Co (No 1) v Ethicon Ltd [1975] UKHL 1, the House of Lords (the Supreme Court’s predecessor) established an important test that is routinely applied in determining whether an interim (rather than a final) injunction should be granted. In applying that test, the court is to consider two issues:

whether there is a serious question to be tried; and
the ‘balance of convenience’ (ie, a court will balance the respective inconvenience or loss to each party dependant on whether or not the interim injunction is granted).
A stay, by contrast, imposes a temporary halt on proceedings. Proceedings can be continued if a stay is lifted. The court has inherent jurisdiction to stay the whole or any part of any proceedings. In deciding whether to impose a stay, the court will have a wide discretion and each case will be judged on its facts. Although stays may be imposed for a number of reasons, they are often ordered to give parties an opportunity to settle, pending the resolution of a test case or to protect concurrent claims.

Scope and effect of appellate proceedings

Effect of filing an appeal

If a litigant files an appeal in a commercial dispute, does it stay enforcement of the trial court judgment?

Unless an appeal court or a lower court orders otherwise, or the appeal is from the Immigration and Asylum Chamber of the Upper Tribunal, an appeal will not operate as a stay of any order or decision of the lower court. Therefore, if carrying out the order contained in a judgment would defeat the benefit of a successful appeal, a party may seek to secure a stay of that order.

A stay will not generally be ordered unless there is likely to be real prejudice caused to a party (in the sense of irremediable harm) if the judgment is enforced and the appellant later wins the appeal. In determining whether to order a stay pending an appeal, the essential question is whether there is a risk of injustice to one or more parties.

Scope of appeal

On an appeal from a commercial dispute, may the first-level appellate court consider the facts and law anew, or is its power to review limited?

An appeal is limited to a review of the decision (ie, the order) of the lower court unless the applicable procedural rules state otherwise or the court considers that, in the circumstances of the appeal, it would be in the interests of justice to hold a rehearing.

An appeal court’s powers to ‘review’ the factual findings of the lower court cover a broad spectrum of procedures, but in relation to primary findings of fact based on evaluation of oral evidence, an appeal court will generally be unlikely to overturn a first-instance judge’s findings of fact. At the other end of the spectrum are appeals on points of law where no consideration of factual evidence is required. In between lies multi-factorial decisions based on inferences from documentary material.

An appeal court will generally allow an appeal where the decision of the lower court is either wrong, or unjust because of a serious procedural or other irregularity in the proceedings in the lower court. ‘Wrong’ in this context means containing an error of law, an error of fact or an error in the exercise of the court’s discretion.

Further appeals

If a party is dissatisfied with the outcome of the first-level appeal, is further appeal possible?

If a party is dissatisfied with the outcome of a first-level appeal, a further appeal may be possible, depending on the court in which the appeal was heard and the order that was made. However, as explained above, a prospective appellant will generally need to ask for permission (either from the appellate court or the court appealed from) before it can make an appeal.

For example, if a judgment from the Court of Appeal is being appealed to the Supreme Court, an application for permission to appeal must first be made to the Court of Appeal. If that court refuses permission, an application may be made to the Supreme Court. Permission to appeal to the Supreme Court will only be granted in cases that raise an arguable point of law of general public importance that, in the view of the judges determining the permission application, ought to be considered by the Supreme Court at that time.

Duration of appellate proceedings

How long do appeals typically take from application to appeal to a final decision?

How long it takes to bring an appeal and to receive a final decision is highly dependent on various factors, including the court or list in which the appeal is brought, the workload of that court or list and the complexity and urgency of the appeal being heard. In the Court of Appeal, once permission to appeal is granted, depending on the urgency of the case, a hearing could take place and a judgment could be delivered within six months. However, a typical appeal in a complex commercial matter determined on a non-urgent basis might take between 12 and 18 months from permission to judgment. A similar timeframe (12 to 18 months) is also to be expected in the Supreme Court.

Submissions and evidence

Submissions process

What is the briefing and argument process like in a typical commercial appeal?

The briefing process, generally referred to as appeal submissions, ordinarily involves the parties sequentially exchanging written submissions in the months prior to the appeal hearing. The structure and content of these written submissions will typically form the basis of an oral argument.

Oral argument at a typical commercial appeal will generally be focused on finding errors of law or fact in the primary judge’s decision. In the absence of witnesses and experts (which would have been dealt with at the trial level), the usual procedure is for the counsel for the appellant to orally present their case for appeal, followed by the respondent’s counsel making oral submissions as to why the appeal should fail. Depending on the nature of the oral submissions put forth by the respondent’s counsel, the appellant’s counsel may take the opportunity to reply to the respondent’s submissions. During the course of oral argument, the appellate judges may put questions to advocates, although this will depend on the structure and content of the submissions and the preference of the judge.

New evidence

Are appeals limited to the evidentiary record that was before the trial court, or can new evidence be introduced on appeal?

The usual rule is that the court to which an appeal is made will not receive evidence (oral or otherwise) that was not before the lower court. Such evidence is known colloquially as ‘fresh evidence’ and will only be admitted in limited circumstances. The following are matters the court will consider in exercising its discretion as to whether to admit fresh evidence:

whether the evidence could have been obtained with reasonable diligence for use before the lower court;
whether the evidence is such that, if given, it would probably have an important influence on the result of the case (though it need not be decisive); and
whether the evidence is apparently credible (though it need not be incontrovertible).
Subject to the permission of the court, fresh evidence may be either oral or written.

New evidence of wrongdoing

If litigants uncover new evidence of wrongdoing that they believe altered the outcome of a trial court judgment, can they introduce this evidence on appeal?

The proper course for a litigant that wishes to rely on fresh evidence to show that a trial court’s judgment was obtained by fraud is to commence a fresh action asking for the trial court’s judgment to be set aside, rather than raising the issue on appeal.

Evidence that is allegedly probative of fraud must satisfy the usual requirements for the admissibility of fresh evidence. The litigant must be able to show that the evidence of fraud upon which he or she seeks to rely was not available at the time of trial and could not with reasonable diligence have been discovered for use at trial.

New legal arguments

May parties raise new legal arguments on appeal?

The general rule is that a party may not rely on a point unless it was taken at trial. The leave of the court is required to rely on new points of law. The court will only grant leave where a party satisfies what has been described as the ‘heavy burden’ of showing that the case could not have been conducted differently, in any material respect, as regards the evidence had the new point been raised at trial.

Costs, settlement and funding

Costs

What are the rules regarding attorneys’ fees and costs on appeal?

The costs rules applicable to appeals are generally the same as those that apply to other civil proceedings before the courts of England and Wales. The general rule is that costs follow the event; that is, the loser will pay the winner’s costs. The court to which an appeal is made has discretion not only over the costs of the appeal, but also over the costs incurred in the proceedings before the lower courts. Any costs award might involve detailed assessment proceedings.

Settlement of first instance judgment after appeal lodged

Can parties enter into a settlement agreement to vacate the trial court judgment after an appeal has been taken?

The parties may enter into a settlement agreement after an appeal has been commenced. It is not always necessary to provide for a formal variation of a trial court’s order or judgment. While that order or judgment might stand, the parties’ separate contractual agreement to settle will often be sufficient to dispose of the matter. In such a case, the parties ought to approach the court with a joint request that the appeal be dismissed by consent.

In circumstances where the parties agree that the order of the trial court was wrong and are agreed on the terms of the order that ought to be substituted, they may ask the appeal court to allow the appeal and to substitute the parties’ agreed order for the order of the trial court.

Limits on settlement after commencement of appeal

Are there any limits on settlement once an appeal has been taken?

No. Settlement once an appeal has been taken is as binding as if made at any other stage of the proceedings. The parties retain their broad contractual scope to settle as they see fit.

Third-party funding

May third parties fund appeals?

Third-party litigation funding is generally permitted in England and Wales and no special restrictions apply in connection with the funding of appeals.

Litigation funding is increasingly provided by specialist third-party litigation funders. Additionally, or alternatively, a party’s solicitors might assume some or all of the potential risk in exchange for an enhanced return in the event of a successful claim through the use of a conditional fee arrangement or damages-based agreement. After-the-event insurance is also widely used.

Third-party litigation funding is now largely considered to increase access to justice and, at the same time, old-fashioned rules prohibiting champerty and maintenance have been progressively eroded in recent years. That said, those funding litigation must be careful to act with propriety and in accordance with public policy objectives and applicable regulation.

Disclosure of litigation funding

If litigation funding is permitted in an appeal, must funding sources be disclosed to the court or other parties to the litigation?

There is no general requirement to disclose funding sources to the court or to the other parties to the case. However, in some circumstances, other parties to the litigation might be able to obtain an order from the court that the identity of those funding litigation against them must be disclosed (eg, where it is necessary to facilitate an application for security for the costs of litigation).

Judgments, relief and non-parties

Decisions

Must appellate courts in your country write decisions explaining their rulings? Can the courts designate the precedential effect of their decisions?

Appeal courts must give reasons for their decisions. In general, the reasons for the decision are set out in (often lengthy) written judgments.

The precedential effect of an appeal court’s decision in England and Wales is determined by the doctrine of precedent. When the High Court hears appeals from the subordinate courts (eg, the County Courts), it is generally bound both by the decisions of the Court of Appeal and Supreme Court as well as by its own prior decisions. Similarly, the Court of Appeal is bound by the decisions of the Supreme Court and its own prior decisions. The Supreme Court, by contrast, can overrule its own decisions.

Non-parties

Will the appellate courts in your country consider submissions from non-parties?

There are various ways in which non-parties can play a role in court proceedings in England and Wales. Non-parties who have a legitimate interest in the issues in a case might either seek to intervene at their own initiative or be invited to intervene either by the court or by one or more of the parties to a dispute. In other cases, an amicus curiae might be invited by the court to make submissions on a point of law or on behalf of an unrepresented party. Most commonly, however, third-party interventions are made in the public interest. In administrative law ‘judicial review’ cases (in particular) it is relatively common for non-party interveners to apply for, and be granted, permission to make submissions (whether written, oral or both) to the court both at first-instance hearings and in appeals. Charities, non-governmental organisations and government agencies are the most common non-party interveners in proceedings before the courts of England and Wales.

Relief

What are the ordinary forms of relief that can be rendered by an appellate court in a civil dispute?

An appellate court will ordinarily do one of three things. It might uphold the order of the lower court (though it might justify that order by different reasoning). Alternatively, it might substitute its own order for that of the lower court. This might include awarding any type of relief originally sought by the parties in the lower courts. In a commercial dispute, this is likely to include an award of damages. Finally, an appellate court might, in some circumstances, set aside the order of the lower court but remit the case back to that lower court for reconsideration.

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Unread post by ForeverYoung » Sat Nov 21, 2020 3:56 pm

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The Lawsuits Thread

Unread post by Lbock » Sat Nov 21, 2020 4:05 pm

ForeverYoung wrote:
Sat Nov 21, 2020 3:56 pm
Comments are removed again.

Jeanne asked for the comments to be hidden to save the petition. She said she is inundated with horrible comments. It has to be organized by AH side. Post horrible comments and report petition. Full thread is worth a read


justintime
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The Lawsuits Thread

Unread post by justintime » Sat Nov 21, 2020 4:31 pm

Thanks so much, Lbock, for all your time and effort answering my questions. Special thanks for providing that great link to appeals in the UK. Should keep me out of everyone’s hair for a good while! :daisyforyou
"Stay low." ~ JD
"I don't like it in here . . . it's terribly crowded." ~ Hatter
"There's something about Johnny that breaks your heart." ~ John Logan, ST
"Tear deeper, Mother." ~ Wilmot

Inquiring Minds
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The Lawsuits Thread

Unread post by Inquiring Minds » Sat Nov 21, 2020 5:41 pm

I've noticed the "Motivator Network" has got involved with supporting Amber online and may be behind the latest DOS attacks on the petition.

On one of her support petitions, they've created a surge that has boosted her signature count up to a whopping 5,858!!!!

The Motivators youtube channel is full of pro-Amber videos. I'm guessing she (and her allies) are spending a lot of money to buy fake supporters and inflate her instagram follows etc.

Of course, if Elon or Murdoch (or WB) are paying for the campaign, I suspect that would not have to be declared on discovery (but would if change.org etc were subpoenaed). I noticed a week or two ago that Amber's twitter follower numbers would increase in regular monthly and fortnightly surges (reflecting payments no doubt). The numbers would climb over a few days then plateau until the next step up. Clearly bought supporters.

And folks, despite being a supporter for some time now, I still don't have an instagram account and haven't yet started following JD. There must be many others like me. His followers keep drifting in, no cheating required. Expect the 8.5m to keep climbing for a long time.

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Lbock
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The Lawsuits Thread

Unread post by Lbock » Sat Nov 21, 2020 5:53 pm

That account is Christina Taft. She runs many accounts on every platform including youtube. She is obsessed with AH and Brittany Spears. She would most definitely spend all day and night attacking that petition. Shes also been caught out with screen shots with geek dog (I think) discussing buying bots for her petition

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Moonbeam
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The Lawsuits Thread

Unread post by Moonbeam » Sun Nov 22, 2020 1:38 pm

Can anyone tell me what this insulting, abusive thing is about? I am reading that it is from WB!! If so, they have just pulled the Last Straw with me!! I will never spend another penny on their lousy material!! This is just Childish!!





"Music touches us emotionally, where words alone can't."-- "The truth will come out...and I will be standing on the other side of the roaring rapids. I hope other people will too." --Johnny Depp #justiceforjohnnydepp #listentothetapes