Answers to self-test questions (19.1.2.4)

Answers to self-test questions 19.1.2.4: which party is the appellant/respondent in each case?

Sample moots list:

• Montes v Watson (see Figure 19.19.1)
• R v Renard (see Appendix A9.2 for the R v Renard case summary)
• Massinger v Wax (see p.105, Blackstone Book of Moots)
• ex parte Friends of Dingley Dell (see p.152, Blackstone Book of Moots)

Have a look at the sample moots and work out which party is the appellant and the respondent in each case. Compare your answers with those provided and make sure that you understand the explanations that are also provided.

In R v Renard, Molly Renard was convicted at first instance and this was upheld by the Court of Appeal so she is now appealing against her conviction to the House of Lords. The Crown (as the prosecutor of the case) is the respondent.

In Massinger v Wax, it states that Demi (Massinger) appeals to the Court of Appeal so she is the appellant. You could also reach this conclusion on the basis that Sally Wax was the successful party at the first instance trial. If you look at the findings of the trial judge, it states that Wax was in breach of contract which might lead you to conclude (incorrectly) that she was the losing party. However, if you read on, you will see that the trial judge concluded that the exclusion clause was incorporated into the contract between the two women and its terms were reasonable. In other words, Wax was in breach of contract but she would not be liable for the damage sustained by Massinger as she had excluded liability.

It is not difficult to work out who the appellant is in judicial review cases such as ex parte Dingley Dell once you understand the format of the name of the case. In judicial review, an action is bought against a public body (the Secretary of State for the Environment) by an individual or group (the Friends of Dingley Dell). Looking at the facts of the moot problem, it is clear that the Friends of Dingley Dell were unsuccessful at first instance so they are initiating an appeal and the Secretary of State for the Environment is the respondent. Note that the style of citation for judicial review cases has changed in recent years and this case would now be cited as R (Friends of Dingley Dell) v Secretary of State for the Environment.