Unlike trials where disputes invariably turn on issues of fact, on an appeal, cases almost always turn on issues of law. Whereas the focus at a trial is on shaping the case by developing testimony, evidence and themes, on an appeal, the focus is on the few key issues that are likely to carry the court and in grappling with the difficult legal issues that will affect the development of the law.
From the standpoint of the client, it will often be beneficial to have an appellate lawyer take a fresh look at the issues. Being unconnected with the trial, the appellate lawyer examines the issues from a perspective that is not coloured by the trial process.
Our Appeals & Issues Practice comprises a group of lawyers who are dedicated to appellate advocacy and on developing thought leadership on significant issues of law. This Practice complements the Firm’s existing litigation practices and builds on our “prestigious standing in the disputes market”. (Asia Pacific Legal 500 (2005/2006 Edition)
WITHIN THIS PRACTICE
Practice areas
Nature of the Practice
Lawyers in the Appeals & Issues Practice closely monitor decisions emanating from the Supreme Court, particularly those of the Court of Appeal. We undertake in-depth analysis of these decisions and emerging legal trends in Singapore’s jurisprudence. We also monitor common law decisions of other established jurisdictions such as the United Kingdom, Australia, Canada and Hong Kong to understand the trends and ascertain the extent to which they parallel developments relevant to our jurisprudence. We believe that a keen awareness of the procedural, philosophical and policy concerns of the appellate court will enable us to more persuasively craft and advance legal arguments on behalf of our clients.
The writing of an effective brief is a vital facet of appellate advocacy. It is after all from this, that the appellate court forms its first impressions of the case. For this reason, our Appeals & Issues Practice places strong emphasis on producing clear, cogent and compelling briefs that are not only well researched but also sensitive to the concerns and constraints of the appellate court.
Our Approach
In seeking to defend a judgement or overturn an adverse one on appeal, our Appeals & Issues lawyers team up with the trial lawyers to identify and frame the issues to be raised on appeal, evaluate the prospects of success of the appeal, and formulate the arguments. Such an approach brings together the knowledge of the facts and issues of the case, which the trial lawyer has, with the unique insight of the appellate lawyer into the trends and philosophy that underlies the decisions of our apex court. In every case, the Firm ensures that the appeal is handled in a cost effective manner for our clients.
The Team
Helmed by former Judicial Commissioner Sundaresh Menon SC, the Practice draws on the strengths of the other Senior Counsel in the Firm - Lee Eng Beng SC, Andre Yeap SC, Toh Kian Sing SC and Francis Xavier SC. Our Appeals & Issues Practice comprises lawyers with diverse experience before the Courts and who have a keen interest in the evolution of the law. This group includes former Justice Law Clerks and individuals who have represented Singapore in international law mooting competitions.