What the service includes
Losing in the court of first instance is not the final result. An appeal reviews the case on its merits, while cassation checks that the rules of law were applied correctly. Each stage has its own procedural time limits and requirements for argument.
We study the court’s decision and the case file to see whether there are real grounds for setting it aside. Not every disagreement with a decision amounts to such grounds, and we are candid about this at the consultation.
A separate question is what happens to the decision while the appeal is pending: if enforcement has already begun or is about to begin, we seek a stay of enforcement for the period the appeal is being considered. Before preparing an appeal, we give an honest assessment of the prospects. If the chances of having the decision set aside are objectively slim, we say so plainly rather than taking the case just to conduct it for the sake of form. Where there are grounds, we also work on the second level of cassation, an application to the Supreme Court.
What the service includes:
Who it is for
The situations clients most often bring to us on this topic.
How we work
A fixed fee and a clear plan of action, agreed before work begins. The timeframes below are indicative and depend on the complexity of the case.
Review of the judgment
We study the reasoning part of the judgment and the case file to find genuine grounds for setting it aside. Timeframe: 1-3 days.
Preparing the appeal
We prepare the appeal or cassation appeal with fresh arguments, not a mere repetition of the position put to the first-instance court. Timeframe: up to 1 month.
Appearing at the hearing
We present the client’s position before the appeal or cassation court. Timeframe: 1-2 months.
Next steps
Where necessary, we take the challenge to a higher court or press for enforcement of the new judgment. Timeframe: as required.
What you will need at the start
We confirm the exact list for your situation at the consultation. This is a guide so that you arrive at the first meeting prepared.
Key figures
Experience in this practice area specifically, not in practice as a whole.
Common mistakes
Delaying the filing of the appeal. The time limit for challenging a court judgment is set by law and runs in weeks. Once it expires, it can be restored only if a valid reason is proved, and the courts are far from always willing to do so.
Errors in drafting the appeal. An appeal or cassation appeal filed without reference to specific breaches of the law, or without the mandatory enclosures, is left without progress. A formal slip costs as much time as a substantive dispute on the merits.
Expecting a full rehearing on new evidence. A higher court does not hear the case afresh. New evidence is admitted only where it was justifiably impossible to submit it earlier, so an attempt to raise in the appeal what was never put to the first-instance court is most often rejected.
What you get
An appeal or cassation appeal. You receive an appeal prepared and filed on time, with clear legal argument on each breach.
Stay of enforcement. Where necessary, a court ruling suspending enforcement while the appeal is considered.
An honest assessment of your chances. Before work begins, a frank analysis of the prospects of having the judgment set aside, with no promise of a guaranteed result.
A new decision in the case. The outcome is a ruling of the higher court that sets aside or varies the first-instance judgment.
Related
Frequently asked questions
How long do I have to file an appeal?+
As a rule, one month from the date the court’s reasoned decision is issued. The time limit can be restored only for a valid reason.
Can I file a cassation appeal after losing on appeal?+
Yes, this is the standard order of appeal. The key is to meet the procedural time limit and to prepare the appeal with new arguments.
What are the chances of having a judgment set aside on cassation?+
Cassation reviews only whether the rules of law were applied correctly and does not re-examine the facts. The chances depend on whether there were real procedural or substantive violations.
Can a missed time limit be restored?+
In certain cases the time limit can be restored by the court, if the reason for missing it is accepted as valid.
What should I do if the time limit for appealing has already passed?+
A separate application must be filed to restore the missed time limit, with evidence of a valid reason, for example late receipt of the reasoned decision. The sooner the application is filed after the reason has ceased to apply, the better the chance of restoration.
Can I challenge not only the court judgment but also the bailiff’s actions to enforce it?+
Yes. This is a separate type of appeal: a complaint against the actions or inaction of a court bailiff is heard under its own rules and can be filed in parallel with the challenge to the decision itself.