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Civil & commercial appeals

An appeal is a different discipline from a trial.

Civil and commercial appeals, including to the Supreme Court, won on the narrow points of law and the record, not by re-arguing the facts.

Most appeals fail because they try to re-run the trial. An appellate court rarely re-weighs the evidence; it looks for an error of law, a finding with no support in the record, or a discretion exercised wrongly. The firm reads the judgment for those points, and only those, and builds the appeal, or the defence of the judgment, around them.

The work spans
  • Civil and commercial appeals to the District Court and the Supreme Court.
  • Applications for leave to appeal interim and procedural decisions.
  • Defending a judgment on appeal for the party that won below.
  • Stays of execution pending appeal, so a judgment is not enforced before it is reviewed.
  • Identifying the appealable points of law and discarding the rest.
  • You lost at trial and believe the judgment rests on an error of law, not just a result you dislike.
  • An interim or procedural decision has gone against you and you need leave to appeal it.
  • You won below and the other side has appealed, and you need the judgment defended.
  • A judgment is about to be enforced and you need it stayed while the appeal is heard.

The firm reads the judgment against the record to find the points that an appeal can actually win on, because an appeal is decided on a handful of issues, not on the whole trial replayed. It is candid about which grounds are real and which are not, since a brief padded with weak grounds buries the strong one. Where the client won below, it builds the case for leaving the judgment undisturbed.

04 · What you get

The appealable points found

The judgment is read for error of law and unsupported findings, not re-tried.

An honest grounds assessment

The weak grounds are dropped so the strong one is heard.

The judgment defended or attacked

The same appellate discipline from either side.

A party that lost a commercial judgment instructs the firm to assess an appeal. The firm reads the judgment against the record, isolates the points of law that can carry an appeal, advises candidly on the prospects, and where it proceeds, seeks a stay of execution while the appeal is heard.

Described in abbreviated, anonymised form to preserve client confidentiality.

How long do I have to file a civil appeal in Israel?

As a rule a civil appeal is filed within 60 days of service of the judgment, and an application for leave to appeal an interim decision within a shorter period, so the judgment should be assessed quickly.

What are the grounds for a successful commercial appeal?

Typically an error of law, a factual finding with no support in the record, or a wrongful exercise of discretion; ordinary disagreement with the outcome, without one of these, rarely succeeds.

Can a judgment be stayed while the appeal is heard?

Sometimes, on application, where the balance favours holding enforcement until the appeal is decided; a stay is not automatic and has to be argued for.

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