UK Law and Practice Contributed by: Nicola Dagg, Steven Baldwin, Rory Clarke and Ashley Grant, Kirkland & Ellis International LLP
spent at trial on the issues raised by each of the parties.
usually involve reconsidering the evidence heard and findings of fact made at first instance. Par - ties have to apply to adduce fresh evidence, and it is rarely allowed. If an issue has not been raised at first instance, it is difficult to rely on it on appeal. Parties file writ - ten outlines both at the initial grounds of appeal stage and in submissions prior to the hearing. The parties’ advocates will then have an oppor - tunity for oral submissions. The Court of Appeal can, however, order a retri - al based on previously undisclosed evidence under CPR 52.23(3)(b) (Kieran Corrigan & Co Ltd v Timol [2024] EWCA Civ 1233). 9. Criminal Offences 9.1 Prosecution Process, Penalties and Defences As discussed in the foregoing, trade secrets misappropriation is subject to criminal liability under the NSA 2023 in cases involving national security risks. There are also other criminal laws that may cover misappropriation – for example, “fraud by abuse of position” under Section 4 of the Fraud Act 2006 and offences under the Computer Misuse Act 1990. Directors and other officers can also be prosecuted (together with the corporation) under the Fraud Act (Section 12). There are no specific defences to these sections. There are no specific mechanisms available for trade secret owners to co-ordinate with law enforcement offences. Depending on the cir - cumstances of the misappropriation, it is likely to be dealt with by cybercrime units.
8. Appeal 8.1 Appellate Procedure
Applications for appeals need to be made with - in 21 days of the decision of the lower court. Appeals for trade secret cases require the per - mission of the court. The application can be made to the lower court (High Court or County Court), or if they have already refused leave to appeal, the prospective appellant (claimant or defendant) may appeal to the Court of Appeal (CPR 52.3(2)). Permission will only be given where the court believes that the appeal would have a real pros - pect of success, or there is some other compel - ling reason to allow the appeal to go ahead (CPR 52.6(1)). It usually takes 6 to 12 months for the Court of Appeal hearing to be heard. A further appeal from the Court of Appeal to the Supreme Court is possible for matters of “gen- eral public importance” . Permission is not usu - ally granted, but if it is, it usually takes a further one to two years for the Supreme Court hearing to be heard. It is possible, although extremely difficult, to suc - cessfully appeal an interim decision (see Wright v Pyke and another (2012) EWCA Civ 931, Had - mor Productions v Hamilton (1983) 1 AC 191, stressing the limited function of the appellate court). 8.2 Factual or Legal Review Appeals are limited to a review of the first- instance decision on points of law and do not
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