Principle

APPELLATE PRACTICE — Ground of Appeal — Label Given by Counsel Not Determinative — Court Looks at Substance

Area of law
APPELLATE PRACTICE
Court
Supreme Court

The classification of a ground of appeal depends on its substance, not the label counsel assigns. A ground labelled "error of law" may in fact raise mixed law and fact. The court examines the essence of the complaint. The label cannot confer competence where none…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in