1: Appeals and the appelate courts in the civil court system Flashcards
What do appellate courts hear?
Appeals?
What are the three potential grounds to appeal?
Where there was an error of law, an error of fact or procedural unfairness.
What does an error of law mean?
The judge had the right information but applied the law wrongly.
What does an error of fact mean?
The judge had the wrong information or interpreted it wrong.
What does procedural unfairness mean?
The judge has not followed the relevant rules of procedure when hearing the case.
Where can a First Appeal be made?
A first appeal can be made from the three tracks?
Where and who hears a Small Claims Track Appeal?
It will be heard before a Circuit Judge in the County Court.
Where and who hears a Fast Track Appeal?
If the case was heard at first instance by a District Judge then the appeal will be heard by a Circuit Judge in the County Court. If the case was initially heard before a Circuit Judge then the appeal will be heard by a High Court Judge in the High Court.
Where is a Multi Track Appeal heard?
The Court of Appeal.
Where are appeals from the High Court made to?
The Court of Appeal.
Where are appeals from the Court of Appeal made to?
The Supreme Court.
