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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12176
Experience:  30 years as a practising solicitor.
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If we appeal on 4 grounds do we have to win on all 4 grounds

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If we appeal on 4 grounds do we have to win on all 4 grounds to successfully win the appeal or if we are only successful on one ground would that still be enough to win the appeal and get the case dismissed?If we are only partially successful at the appeal hearing winning only 1 or 2 out of the 4 grounds of appeal; would we have to pay the other sides expenses for the appeal or would being partially successful be enough to avoid liability for the appeal expenses of the other side?Thanks
Partial success to the effect that the court allows the merits of the case to proceed would be sufficient. However, you will likely have to pay the other side's expenses of the appeal on the basis that you fails to enter appearance to start with. The general rule of expenses follow success would not apply where you have failed to come into the action timeously.
Customer: replied 1 year ago.
We did appear in the original action; therefore would partial success mean that we would not be liable for the other side’s expenses in the appeal or would the fact that we are appealing out of time have an effect?Thanks
Thanks for responding. The late appeal wouldn't necessarily matter although you would be liable for any expenses occasioned by the late appeal, such as the motion. Whether expenses were awarded to one side or the other would depend on the extent of the partial success and the overall effect of the result. The conduct of the parties would also be relevant in assessing whether to award expenses or not. If partial success didn't change, or in fact, did change, the overall result then the overall successful party would generally be awarded expenses.
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Customer: replied 1 year ago.
That's great thanks. Leaving positive feedback.