15. Appeals Flashcards
What is the destination of appeal where the judgment was delivered by:
(1) District Judge
(2) Circuit Judge
(3) Master of the High Court
(4) High Court Judge?
- Circuit Judge
- High Court Judge
- High Court Judge
- Court of Appeals
To where can a party make an application for permission to appeal?
- Lower court where the decision was made
- To the appeal court
What are the two grounds to appeal a decision of a lower court?
- Decision is wrong in fact, law, or the exercise of the court’s discretion; or
- Decision is unjust due to serious procedural or other irregularity
Within what time limit must a party appeal and when does this time begin to run?
Within 21 days of the date the judgment or order they are seeking to appeal was handed down
If appeal is not granted, within what time limit of the order refusing permission can the party request to have an oral hearing, and is the court required to grant this request?
7 days. Court not required to grant.
What is the consequence of not seeking permission from a lower court, and not requesting a time extension?
After 21 days, they can no longer make an application to the court for permission to appeal
In an appeal, can a party rely on evidence that was not available in the original hearing?
Not without permission
Within what time must a party appeal the original decision to the County or High Court ?
21 days from OG judgement
On appeal, can fresh evidence be introduced by parties?
Not general, unless appeal court orders it.
- where, for instance, evidence couldn’t be reasonably obtained in lower courts, evidence would have an important influence on result and is credible.
- Also consider overriding objective
When can a party appeal?
1) At the time OG decision is given in front of judge; or
2) Apply to appeal court
Within what time must an appeal against a High Court or County Court decision be filed?
21 days from date of original decision.
Does an appeal immediately trigger a stay of execution of the OG judgement?
No, but court can make an order if its serves interest of justice.
What does the court consider when determining whether to allow fresh evidence to be introduced on appeal?
Must be shown that the new evidence could not have been obtained with reasonable diligence for use at trial,
AND
Would probably have an important influence on the result of the case and is apparently credible
