Many cases which have been lost at first instance still have a real chance of success in an appeal, particularly if there have been genuine legal errors in the judgment. Such cases may be able to secure funding for an appeal.
Why Appeals Attract Funders
Funders often choose to fund an appeal as they consider the cost of the appeal to be contained and the time frame can be more easily forecast. In addition, as the grounds of appeal are known (i.e. misdirection in law, perverse conclusion etc) funders can more easily assess the merits of the appeal. In recent years, UK Litigation Funding has developed in this area of funding appeals.
How Merit Is Assessed Differently
At the appeal stage the original judgment is used as evidence. The number of issues that a funder needs to consider are reduced from those considered at first instance. Therefore, the assessment of the case by a funder becomes a lot simpler. A strong ground skeleton argument outlining clear error-of-law will be the single most important document for any potential funder to consider.
Which Appeals Qualify
An Upper Tribunal decision could be funded, as well as a Court of Appeal decision and even an arbitration decision. However, how the Court of Appeal deals with applications for permission to appeal is something that funders take very seriously and only fund a case which has a good chance of clearing permission to appeal.
Timing Your Application
It’s important to apply for appeal funding before or at the same time as you apply for permission to appeal. You need time for funders to assess the grounds of appeal. Having funding in place before the appeal is heard can also be a strong point in your favour. More on UK Litigation Funding can be found at https://www.novo-modo.co.uk/litigation-funding.
If the judgment against you has a questionable legal basis then you should consider possible funding for an appeal very quickly.
