Appellate Advocacy

A short guide to applying for leave to appeal

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 …

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A short guide to conducting an appeal

This is a way to conduct an 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), or from the High Court to the Court of Appeal (Scenario 2). For civil matters, there is only one right of appeal. If a litigant wants …

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To argue or not to argue?

I once had a dilemma; it was when I conducted a criminal appeal in the Court of Appeal. It was for a charge of drug trafficking, an offence punishable with death by hanging. The appellant (a person appealing against a decision) was caught when he arrived at the Kuala Lumpur International airport after flying in from an African country. The police officers arrested him after he cleared passport control because he behaved suspiciously. He arrived …

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