Written submissions to the Supreme Court....question

ZigOrZag

In the case of a written submission to the Supreme Court is it necessary to quote case law to back up your statements? Or can that be left until you submit the Book of Authorities?

Tom Young

Written submissions are effectively the advocacy required to state the case in writing.

Counsel, your barrister, will be well skilled at doing that for you.

Case law is referenced by or under the applicable legal principles/basis by or under which you appeal or respond to same.

Cases are included therein and any ratio is referred to and the citations are placed in the footnotes section of a submission.

The authorities then usually travel with the subs and are indexed as they are referred to in the footnotes.

Note: legal submissions must expose all of the relevant law even if that doesn't necessarily suit your case. Beware of that.

ZigOrZag

Tom Young wrote: »

Written submissions are effectively the advocacy required to state the case in writing.

Counsel, your barrister, will be well skilled at doing that for you.

Case law is referenced by or under the applicable legal principles/basis by or under which you appeal or respond to same.

Cases are included therein and any ratio is referred to and the citations are placed in the footnotes section of a submission.

The authorities then usually travel with the subs and are indexed as they are referred to in the footnotes.

Note: legal submissions must expose all of the relevant law even if that doesn't necessarily suit your case. Beware of that.

Thanks for your reply.


I probably should have clarified that I'm representing myself in this appeal.

I've done a lot of research re the case law relevant to my appeal.

At this point I'm just unsure as to the layout and format my written submissions should take.

ZigOrZag

Tom Young wrote: »

Written submissions are effectively the advocacy required to state the case in writing.

Counsel, your barrister, will be well skilled at doing that for you.

Case law is referenced by or under the applicable legal principles/basis by or under which you appeal or respond to same.

Cases are included therein and any ratio is referred to and the citations are placed in the footnotes section of a submission.

The authorities then usually travel with the subs and are indexed as they are referred to in the footnotes.

Note: legal submissions must expose all of the relevant law even if that doesn't necessarily suit your case. Beware of that.

Thanks for your reply.


I probably should have clarified that I'm representing myself in this appeal.

I've done a lot of research re the case law relevant to my appeal.

At this point I'm just unsure as to the layout and format my written submissions should take.

NamelessPhil

You may find the Practice Directions section of the Courts website to be of assistance.
Please note the instructions for Lay Litigants in the High Court.

For the Supreme Court there is a specific Practice Direction regarding appeals.