The idea of embarking on a civil appeal or application for
judicial review can be daunting for the unversed lawyer.
Appeals and judicial review applications are very much their own
creature. They involve a level of knowledge and skill ordinarily
outside the experience of the average litigator. Lawyers should be
cautious about taking on appeals or judicial reviews where they do
not do so regularly. The perils are many - the consequences
fatal.
Below is a list of common errors made by litigators in the
commencement or perfection of an appeal or application for judicial
review:
1. Failing to have the underlying order issued and entered
In order to perfect a civil appeal from a lower court proceeding
to an appellate court, an issued and entered order of the
lower court is required. This rule does not usually apply to
decisions of tribunals, since tribunals typically do not execute
orders, but only decisions.
