Risk management

Losing your appeal?Jemima's heart sank when judgment was finally handed down in her biggest ever case - a complex surveyors' negligence action.

After a keenly contested three-week High Court trial, her client Anthony, an experienced surveyor, had lost, and badly.

But when she read the judge's decision, Jemima's disappointment turned to anger.

Several heads of claim had been allowed which could not possibly have been reasonably foreseeable consequences of Anthony's supposed breach of duty.

What was more, she was sure the interest awarded had been calculated wrongly.Jemima took instructions from Anthony, who was also furious with the outcome.

He agreed that she should obtain counsel's opinion on the prospects for an appeal.When it arrived, the barrister's advice was robust.

The judgment, he said, was 'outside the range of reasonable decisions'.

An appeal would have excellent prospects of success.Fortunately, it was only a year since Jemima had last run a successful appeal.

She could clearly remember the procedure she had adopted.She prepared an appeal notice, counsel settled a skeleton argument and her assistant Matthew collated core appeal bundles.

Then, remembering to attach an approved transcript of the judge's decision, she filed the appeal notice at the Court of Appeal just three weeks after the date of the High Court decision, almost a week earlier than she had managed last time.But it was too late.

The time limit for filing appeals had been slashed from 28 days to within 14 days of the date of the decision appealed against.

Jemima was out of time, caught by the new code for civil appeals, CPR part 52.

This applies to all appeals filed after 2 May 2000.

In addition to halving the time limit, the new rule introduces other changes.

All appeals now need permission, including appeals from masters or district judges.

There are new prescribed forms as well.Solicitors and other fee-earning staff should refer to CPR Part 52, PD 52 and the recent decision of the Court of Appeal in the case of Tanfern v Cameron MacDonald [2000] 2 All ER 801 CA.The same day, 2 May, also saw the introduction of a new appeal procedure for insolvency cases, abolishing the right to appeal to the Court of Appeal without permission and making other significant changes to the appeal process.No matter how well you think you know the post-Woolf rules, remember that the civil procedure reforms are far from over.

Litigation is subject to a continuing process of change and recent innovations could catch the unwary.

Firms should take steps to ensure that all litigators are aware of the new procedures, and should consider appointing a risk partner to keep staff appraised of changes.l For information on claims prevention, contact your claims handler at the Solicitors Indemnity Fund or the Risk Improvement Unit, tel: 020 7566 6000.