The Supreme Court is one of the few courts that is beyond reach for most lawyers, as only 35% of the cassation appeals are admitted to procedure. This is due to the fact that there are only four ways to access the High Court: when the quantity of the action is greater than 600,000 Euros, when the action deals with the protection of fundamental rights, when the dispute has cassational interest or when a serious procedural infraction has been committed throughout the procedure. The use of the cassational technique has become a key element in order to demonstrate that an issue deserves to be examined by the Supreme Court.
In JAUSAS we support the idea that the cassational technique must be applied from the appeal phase onwards in order to safeguard a possible appeal before the Supreme Court. To this end, we use a different method to the one traditionally used in ordinary appeals. Our success demonstrates this new approach is crucial in order to bring, to the center of the appeals’ debate, the most transcendental issues or legal novelties.
In particular, our work method during the phase of appeal seeks to preserve the amount of litigation, reveals the procedural infractions in a timely manner and anticipates the arguments about the separation from the Supreme Court’s doctrine.
In other occasions, once a ruling has been obtained in favor of our client’s interests, it will be convenient to take advantage of the opposition procedure against the appeal in order to make up for omissive contradictions or reinforce a legal motivation that could have been insufficient. All this, with the objective of maintaining the debate at a level that maximizes the legal and procedural interest of the case. These examples are a small proof of the need to address an action as a whole from a cassational perspective.
Our team of litigation experts knows in depth the cassational technique, the caselaw and the reality of the Supreme Court’s admissions criteria. All this, allows us to offer the client and his lawyers means to impugn that are not accessible to any other party.
If you would like to know further information about cassation appeals, please click here to read the information in Spanish.
How we work?
Our team of litigation experts advises and collaborates with the client’s counsel in order to prepare for the second instance stage. The objective is to identify and promote the legal issues that can be of a greater interest for the Supreme Court and evaluate the possible procedural infractions committed up to that point. The result is a pleading that tries to protect the cassational interest of the case. In addition, this pleading wants to create and anticipate procedural opportunities that could be useful in the future.
In this phase we analyze the strengths and weaknesses of the case in relation to the decision contained in the appellate court’s ruling. Subsequently, we submit a legal opinion discussing the opportunity and viability of an appeal before the Supreme Court.
In this phase we prepare, with maximum rigor and detail, an appeal before the Supreme Court. We defend the client against possible exclusions by the Court. This type of appeal requires the use of a cassational technique that includes:
Choosing the right motivation or correct way to appeal before the Supreme Court.
Complying with multiple formal requirements.
Correctly identifying the specific legal issue the Supreme Court must examine and resolve.
Using a very organized, precise and clear writing style which focuses on the legal issues.
In JAUSAS we also defend clients who obtained a favorable appeal ruling. We help them protect their success before the Supreme Court.