This is an approach to preparing an application for leave to appeal. An appeal is a request to a higher court to rehear and review the court below’s decision (‘the original decision’). An appeal can happen from the subordinate courts, comprised of the magistrates and sessions courts, to the High Court (Scenario 1) and subsequently from the High Court to the Court of Appeal (Scenario 2). It can also happen from the High Court to …
In the preparation of trials, the court orders parties, as a matter of course, to prepare a Statement of Agreed Facts (‘SAF’) and a Statement of Issues to be Tried (‘SIT’): see Order 34 rule 2(2)(j) and (k), Rules of Court 2012. There are good reasons for this. The purpose of these statements is two-fold. First, it is to encourage and facilitate the narrowing, outlining and identification of the disputed factual areas and legal issues …
I am called upon to advise about this scenario or something like it every once in a while: X never met Y before. They do not know each other. Or they knew each other or about each other, but never had any commercial or personal dealings with each other before, directly or indirectly. There is no relationship between them in whatever shape or form. Zero. Nada. One day, X sues Y for a tort of …
In preparation for the court, the lawyers for the respective parties will agree upon a Common Bundle of Documents (CBD). It is supposed to contain all the documents that the litigants will submit to the court in support of their respective cases. There are two dimensions to each document in the CBD. The first is the authenticity of a document. This relates to the existence of that document: Did it really exist at the time? …
Earlier this year, I had a matter with a long-time client that provided me with an example to use to explain the quality of integrity I expect from the people I work with and want to work with. Several years back a client of ours had a short-lived affair with a non-Muslim woman frustrated with her marriage. She got back at her non-Muslim husband for his neglect and disrespect by taking on a series …