Appeal

[EXC]

The banks appeal to Justice Smith's judgment that the relevent charges can be assessed for fairness under UTCCR begins on 28 October. Although it is listed for 6 days, they don't run concurrently and it is scheduled from the Tuesday to Thursday and then the Monday to Thursday of the following week and takes place in court 73 of the Court of Appeal at the Royal Courts of Justice.

The appeal will be heard before 3 judges headed by none other than The Master Of The Rolls, Lord Justice Clarke (Sir Anthony Clarke) who is regarded as second in judicial importance to the Lord Chief Justice.


Master of the Rolls
Sir Anthony Clarke
Born 13 May 1943; Called to the Bar (Middle Temple) 1965; a Recorder 1985-92; QC 1979; High Court Judge (Queen's Bench Division) 1993-98; Admiralty Judge 1993-98; Lord Justice of Appeal 1998-2005; Master of the Rolls and Head of Civil Justice 2005-.





Vice-President of the Court of Appeal (Civil Division)
Lord Justice Waller (Sir Mark Waller)

Born 13 October 1940; Called to the Bar (Gray's Inn) 1964; QC 1979; a Recorder 1986-9; High Court Judge (Queen's Bench Division) 1989-96; Presiding Judge, North Eastern Circuit 1992-95; Lord Justice of Appeal 1996- ; Chairman, Judicial Studies Board 1999-2003; President, Council of Inns of Court and the Bar, 2003- . Vice-President, Court of Appeal, Civil Division 2006- .



Lord Justice Lloyd (Sir Timothy Lloyd)

Born 30 November 1946; Called to the Bar (Middle Temple) 1970; QC 1986; Attorney-General to The Duchy of Lancaster 1993 - 1996; High Court Judge (Chancery Division) 1996 - 2005; Vice-Chancellor of the County Palatine of Lancaster 2002 - 2005; Lord Justice of Appeal 2005 - .

[TUTTSI]

Re: Appeal

Thanks Exc,

Is there a public gallery, so we could view the proceedings or is it a closed shop and what is the normal timescale to get a decison on an appeal.

xx

[Curlyben]

Re: Appeal

Time to wheel out the




BIG Guns

[EXC]

Re: Appeal

Thanks Exc,

Is there a public gallery, so we could view the proceedings or is it a closed shop and what is the normal timescale to get a decison on an appeal.

xx

There is a public gallery but it's very limited due to number of counsel in attendance, according to the lady I spoke to in the listings office. I did get the impression that the banks are throwing everything at this and will squeeze as many QCs in as they can.

According to Tom, appeal judgments are relatively quick which would indicate that it would be sooner than the 3 months it took for the original judgment. The CoA breaks up for Christmas on 19 December so hopefully it'll be before the end of the year.

It'll be a silk's and wigs affair which should please Tools if he plans on attending as he won't feel so out of place in his hand knited woven silk twin set and blonde hair piece.

[Tools]

Re: Appeal

I remember reading this article from Sir Anthony, he is well versed in admiralty and commercial law so IMO an excellent appointment to this case.(Told you I would be able to use it one day Ame )

The Rt Hon Sir Anthony Clarke, Master of the Rolls

Claims against Professionals: Negligence, Dishonesty and Fraud

Professional Negligence and Liability Conference 2006

27 April 2006


An interesting read and some good caselaw quoted

Here is the link for a little "light" reading Speeches in 2006 - Claims against Professionals: Negligence, Dishonesty and Fraud

[Tools]

Re: Appeal

It'll be a silk's and wigs affair which should please Tools if he plans on attending as he won't feel so out of place in his hand knited woven silk twin set and blonde hair piece.

******* I just spat tea all over my screen!!!

[EXC]

Re: Appeal

Oh Bo**locks you haven't stained those new crush orange culottes have ya?

[TANZARELLI]

Re: Appeal

Thanks EXC informative as ever.

[pinknico]

Re: Appeal

If this appeal fails/succeeds what happens next?

[natweststaffmember]

Re: Appeal

If the banks succeed then the OFT should appeal the decision. If the banks fail then they will appeal to the House of Lords

[EXC]

Re: Appeal

Looks like it will include applications for appeals to the PIL judgment.

Who is the 4th defendant?

http://www.hmcourts-service.gov.uk/c...t_coacivil.htm

[helpmeclaim]

Re: Appeal

Am i right in thinking they can't just say right we are going to the House of Lords. Do they not need to be granted to apply if you know what i mean?

What is the exact course the banks would have to take to go to the House of Lords and also what timescales would be involved

Thanks
Jay

[EXC]

Re: Appeal

I really don't I'm afraid. If I can find out I'll let you know.

[Happyolddog]

Re: Appeal

EXC................. Who is the PIL? I can only think of Public image limited (does that give my age away?)

[natweststaffmember]

Re: Appeal

I think the defendants are set out in order and maybe contained within the preliminary arguments, ie the order in which they presented their case. So 1 to 8 so potentially, 8 could be Nationwide building society.
------------------------------- merged -------------------------------
Defendant 1 is Abbey
Defendant 2 is Barclays
Defendant 3 is Clydesdale
Defendant 4 is HBOS
Defendant 5 is HSBC
Defendant 6 is LloydsTSB
Defendant 7 is RBOS
Defendant 8 is Nationwide Building Society