Appellate Advocacy

SKILLSET

The goal of a trial is to resolve a factual dispute where opposing camps persuade the judge through the questioning of witnesses and evidential findings. In an appellate setting, there are no witnesses to be cross-examined. The appellate lawyer is also bound by the various positions taken and the evidential record set in the court below.

An appellate lawyer is looking to perform a post-mortem of sorts to distill errors of law and, in certain cases, errors of fact.

US Supreme Court Chief Justice John Roberts explains:-

“The skills that are needed to be a good trial lawyer are different from the skills needed to be a good appellate lawyer. Occasionally, you get great people who can do both …”

MARGINS OF ERROR

Appeals are often tied to very short timelines (e.g. 14 days, 28 days or 1 month from the date of the decision) and strict procedural conditions where non-compliance with same could lead to the inability to make substantive arguments on appeal or, in the worse case, potentially spell the premature end of an appeal.

WHY US

ML Chambers handles a range of appellate work. We represent our clients in appeals across the different levels of the Singapore appellate courts and in wide-ranging subject matters including civil appeals, matrimonial, criminal and regulatory appeals (against non-court tribunal decisions).

Our lawyers are used to handling complex briefs at short notice. Appeals require clear, rigorous thinking and careful attention to detail. Our team is well-equipped to guide you in what may be your final opportunity to have your voice heard in court.

We are not afraid to challenge conventional wisdoms and tread uncharted waters.

NOTABLE CASES

  • represented a corporate group in an appeal from the State Courts to the General Division of the High Court (subject matter: construction, defamation).
  • represented an accused in an appeal from the State Courts to the General Division of the High Court (subject matter: criminal appeal, short detention order).
  • represented the claimant in an appeal from the Family Division of the High Court to the Appellate Division (subject matter: matrimonial, asset division, shareholding. Assets exceeding SGD 30 million).
  • represented the appellants in an appeal from the High Court to the Appellate Division (subject matter: shareholder dispute, breach of settlement agreement, breach of warranty).
  • represented appellants in an appeal from the Strata Titles Board to the General Division of the High Court (subject matter: subsidiary proprietors’ interests, BMSMA)

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