Appealing a decision
Is appealing a legal decision ever worth the additional, time, money and emotional investment? What are the chances that an appeal will succeed? Andrew Symon expains
What happens when the losing side in a court case decides that it wants to appeal? It is an understandable inclination, especially after what is often years of protracted negotiation and debate; however, the stresses and strains of the legal process can take its toll on all the participants. For the winning side, there will undoubtedly be satisfaction, albeit tempered by an exhausting process; and even if the claimants win, the damage that was the original reason for the claim will not have gone away. For the losing side, the decision must seem unbearable, given the expenditure in terms of time, energy, and emotional wellbeing—not to mention money. Can they appeal the decision?
Firstly, only a small fraction of clinical negligence claims reach a court hearing, and only a small fraction of these will get as far as an appeal. The losing side may be absolutely convinced of its position, but that is not enough: they must have suitable grounds if they are to extend the legal process. As HM Courts and Tribunals Service (2016) advises:
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