Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Appeal against the decision of the court of first instance
When an individual or legal entity defends its rights and interests in court, it expects legality and impartiality in the consideration of the case. However, in practice things are different. Therefore, the situation when a party is not satisfied with a court decision is quite common. This applies equally to both the plaintiff and the defendant. The decision of the trial court is a subjective decision of the judge who was entrusted with the responsibility of considering the case. This decision is not always impartial or fair.
Why might the decision of the first instance not be satisfactory?
It happens that such a decision does not comply with the law if the judge did not take into account any significant legal norms or accepted only some and ignored others, without taking them into account in their entirety. And sometimes it happens that the decision made by the court of first instance does not correspond to the circumstances of the case. In both situations, there are two options – either leave everything as it is, or continue to defend your rights and legitimate interests further. The team at the Prikhodko&Partners law office offers the second option.
In our work, we are accustomed to focusing on results, so we never advise clients to stop halfway when the truth is on their side and there are sufficient prospects to make the case a winning one. Some people believe that if the court of first instance has made a certain decision, then in further instances it will be confirmed, but our regular practice of representing client interests indicates otherwise. Many cases are won in the appellate court. So don’t give up. The key is to entrust the representation of your interests to those who:
- has sufficient competence based on successful practice;
- adheres to principles of work that encourage him to work specifically for results.
What do you need to know about the consideration of a case in the appellate instance?
What do you need to know about the consideration of a case in the appellate instance?- First, it is important to note that an appeal is an opportunity to review the trial court’s decision.
- Secondly, no less important is that in this instance there is a huge chance of proving the illegality of the decision or its groundlessness, which lies in its inconsistency with the circumstances of the case. The key is to competently argue this in the text of the complaint itself.
- Thirdly, it is important to know that you can appeal not only the decision as a whole, but also part of it. Additional decisions can also be appealed (for example, on the recovery of legal aid costs).
And finally, it is worth mentioning here that there are limited deadlines for filing an appeal, which are quite short. Sometimes people, getting into a stressful state from the decision of the court of first instance, try to force this information out of their consciousness and postpone contacting a lawyer until the last minute or even find it difficult to decide whether they need it. However, one should not allow such circumstances to paralyze oneself in the context of making the right decisions to protect one’s rights and interests.
It is necessary to contact lawyers to assess the circumstances as soon as possible. No matter how talented the specialists you trust in their field may be, they also need at least a minimum of time to familiarize themselves with the circumstances of the case and the materials on it. Therefore, do not hesitate and contact those who can solve your problem.
How we are working?
How we are working?When our specialists prepare an appeal against a decision of the court of first instance, we carefully examine what procedural rights were affected during the consideration of the case. It is an experienced lawyer who can assess the legality and validity of the decision when familiarizing himself with the case materials.
After the specialist has his conclusion based on the analysis performed, he can advise on the best way to protect the rights of the client or client company. As a rule, we reflect the results of studying the case materials in the appeal and provide further support in the format of representation in court. Such representation is a fairly common activity in our practice. We are well aware of the specifics of the process at this stage and represent clients’ interests confidently, convincingly and effectively.
So, if you understand that the decision of the trial court is unreasonable and unfair to you, please contact us. Our team will make every effort to ensure that the appeal is resolved in your favor.
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