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Court of Appeal reconsiders the rules for Appeals from the TCC

Ben Quiney QC appeared for the successful Respondent in a failed application for permission to appeal a decision of the TCC. Coulson LJ took the opportunity to reconsider and restate the principles governing appeals from the TCC. In his Judgment he reviewed the existing authorities and was invited by the Applicant to reverse them. He declined. Instead he clearly set out what the principles are and how they apply in practice. In short the rules governing such appeals remain the same as all other cases under CPR 52 but he acknowledges that in practice the subject matter and expertise involved in TCC cases means that such applications for permission will be much harder for applicants to succeed (as in this case). Coulson LJ offered clear and invaluable guidance for appeals from the TCC and other specialist courts.

To view the judgment, please click here.

The original decision, which was a successful claim by an insured against an insurer regarding a fire at a recycling plant, can be found at: http://www.bailii.org/ew/cases/EWHC/TCC/2018/834.html



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