Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Dispute Resolution > 19: Appeals > Flashcards

19: Appeals Flashcards

1
Q

Which Part deals with appeals?

A

Part 52.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the grounds for an appeal according to r52?

A

An appeal court will only allow an appeal if the decision of the lower court was:
- wrong or
- unjust because of a serious procedural or other irregularity in the proceedings.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

For insolvency proceedings in the County Court, what is the hierarchy?

A

District Judge
High Court Judge (or Registrar if corporate/Companies Act)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

For any proceedings in the County Court other than insolvency and the Companies Act, what is the hierarchy?

A

District Judge
Circuit Judge
High Court Judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

For any proceedings in the High Court (except IPEC), what is the hierarchy?

A

Master, Registrar or District Judge
High Court Judge
Court of Appeal
UK Supreme Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

For any proceedings in the IPEC High Court, what is the hierarchy?

A

District Judge
Enterprise Judge
Court of Appeal
UK Supreme Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Where would an appeal for individual insolvency go to, when it started with a District Judge in the County Court?

A

High Court Judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Where would an appeal for corporate insolvency or Companies Acts (excl. insolvency) go to, when it started with a District Judge in the County Court?

A

High Court Judge or Registrar

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Where would an appeal for anything other than Companies Acts or insolvency go to, when it started with a District Judge in the County Court?

A

Circuit Judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Where would an appeal go to when it started with a Circuit Judge in the County Court?

A

High Court Judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the IPEC?

A

Intellectual Property Enterprise Court (IPEC) is a specialist court within the Chancery Division of the High Court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Where would an appeal go to when it started with a Master, Registrar or District Judge in the High Court (except the IPEC)?

A

High Court Judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Where would an appeal go to when it started with a High Court Judge in the High Court (except the IPEC)?

A

Court of Appeal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Where would an appeal go to when it started with a District Judge in the IPEC High Court?

A

Enterprise Judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Where would an appeal go to when it started with an Enterprise Judge in the IPEC High Court?

A

Court of Appeal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Where would an appeal go to when it started in the Court of Appeal?

A

UK Supreme Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the usual destination for appeals in most circumstances?

A

The destination for any appeal is within the same court, to a higher level of judge, if there is one.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is a registrar in the context of appeals?

A

A registrar is a specialist judge in bankruptcy.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What form identifies the routes of appeal?

A

Form 201 Routes of Appeal (not a form, just a leaflet to inform).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are the stages of the appeal process?

A
  1. decision by lower court
  2. application for permission to appeal
  3. permission granted (or permission not needed)
    4: respondent’s notice
    5: determination of appeal by appeal court.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is required for permission to appeal?

A

An appellant requires permission to appeal for first and second appeals.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What are the conditions for granting permission for a first appeal?

A

Permission may only be given if:
- the court considers that the appeal would have a real prospect of success or
- there is some other compelling reason for the appeal to be heard.

23
Q

What conditions must be met for permission to appeal a second appeal?

A

The appeal must
- have a real prospect of success AND raise an important point of principle or practice, or
- there is some other compelling reason for the Court of Appeal to hear it

24
Q

Where can an application for permission to appeal be made?

A

To the lower court at the end of the hearing or the appeal court in an appeal notice.

25
Q

What must the lower court specify if it refuses permission to appeal?

A

The order of the lower court must specify the court to which any further application should be made and the level of judge required.

26
Q

What form is used to file an application for permission to appeal?

A

Form N161 Appellant’s Notice.

27
Q

What is the deadline for lodging an appellant’s notice with the appeal court?

A

The appellant’s notice must be lodged within 21 days from the date of the decision of the lower court being appealed.

28
Q

Can the parties agree amongst themselves whether they can extend any date or time for filing the appeal notice set by Part 52?

A

No, they cannot extend it themselves - they would need to apply to the appeal court to vary the time limit for filing the appeal notice.

29
Q

When must an appellant’s notice be served on each respondent?

A

An appellant’s notice must be served on each respondent as soon as practicable after it is filed and in any event not later than 7 days after it is filed.

30
Q

Which Practice Directions set out the documents that must be included with the appellant’s notice?

A

PD52A -E

31
Q

How will the appeal court usually determine an application for permission to appeal?

A

The appeal court will usually determine the application on paper without a hearing.

32
Q

What can a person do if the appeal court refuses permission to appeal?

A

They can request reconsideration at an oral hearing unless the application is considered totally without merit (TWM).

33
Q

Does an appeal operate as a stay of any order or decision?

A

No, the appeal does not operate as a stay of any order or decision of the lower court.

34
Q

What must a respondent do if they wish to appeal or uphold the decision of the lower court?

A

They must file a Form N162 Respondent’s Notice.

35
Q

What is the deadline for lodging a respondent’s notice?

A

The respondent’s notice must be lodged, if not directed, 14 days after the lower court granted permission to appeal, or 14 days after being served with the appellant’s notice or notification of permission to appeal.

36
Q

When must a respondent’s notice be served on the appellant and other respondents?

A

As soon as practicable after it is filed and not later than 7 days after it is filed.

37
Q

What do PD 52-E cover?

A

PD 52A Appeals
PD 52B Appeals in the County Court and High Court
PD 52C Appeals to the Court of Appeal
PD 52D Statutory appeals and appeals subject to special provision
PD 52E Appeals by way of case stated

38
Q

What needs to be in the appeal bundle?

A

A copy of:
- appellant’s notice
- respondent’s notice
- skeleton arguments
- order under appeal
- order granting/refusing appeal and judge’s reasons
- order allocating case to a track
and
- a transcript of the judgment from lower court

39
Q

What could also be included in a appeal bundle, if necessary?

A
  • statements of case
  • application notices
  • other orders made in the case
  • a chronology of relevant events
  • witness statements
40
Q

How should the appeal bundle be served if permission to appeal is given by the lower court?

A

The appellant should serve the appeal bundle on each respondent at the same time as filing the appeal bundle.

41
Q

How should the appeal bundle be served if permission to appeal is given by the appeal court?

A

The appellant should serve the appeal bundle on each respondent as soon as practicable and within 14 days of permission to appeal (PTA) being granted.

42
Q

How should the appeal bundle be served if the appeal court directs a ‘rolled-up’ hearing to decide permission and the appeal?

A

The appellant should serve the appeal bundle on each respondent as soon as practicable and within 14 days of the hearing date.

43
Q

What does Form N161 Appellant’s Notice require for appeals to the Court of Appeal?

A

It requires the appellant to set out their skeleton argument in support of the appeal on a document attached to the notice.

44
Q

What does Form N161 Appellant’s Notice require for appeals other than to the Court of Appeal?

A

It requires the appellant to file their skeleton argument in support of the appeal within 14 days of filing the appellant’s notice where appropriate.

45
Q

What does Form N162 Respondent’s Notice require for appeals to the Court of Appeal?

A

It requires the respondent to set out their skeleton argument on a document attached to the notice.

46
Q

What does Form N162 Respondent’s Notice require for appeals other than to the Court of Appeal?

A

It requires the respondent to file their skeleton argument within 14 days of filing the respondent’s notice where appropriate.

47
Q

Under what conditions should parties to an appeal file and serve skeleton arguments only?

A

Parties should file and serve skeleton arguments only where;
- the complexity of the issues of fact or law in the appeal justify them, or
- skeleton arguments would assist the court in respects not readily apparent from the papers in the appeal.

48
Q

What are the requirements for a skeleton argument as stated in PD 52A?

A

A skeleton argument must be
- concise,
- define and confine the areas of controversy,
- be set out in numbered paragraphs,
- be cross-referenced to any relevant document in the bundle,
- be self-contained,
- not include extensive quotations, and
- identify documents relied upon.

49
Q

What additional information may the appeal court need as per PD 52A?

A

The appeal court may need a list of persons who feature in the case, glossaries of technical terms, or a chronology of relevant events.

50
Q

What are the consequences of failing to comply with the skeleton argument requirements?

A

If a skeleton argument is filed late, the party filing it will not be allowed to recover the cost of preparing the skeleton argument on assessment, unless the court directs otherwise.

51
Q

How will the appeal court review the decision of the lower court?

A

It is not a re-hearing, so they will not usually receive oral evidence or evidence which was not before the lower court.

52
Q

What are the cost rules for appeals?

A

The costs rules for appeals are generally the same as those for other applications and hearings.

53
Q

What discretion does the appeal court have over costs?

A

The appeal court has discretion over the costs of the appeal hearing and over the costs in the lower court.

54
Q

What offers can be made in relation to costs hearings or the costs of an appeal?

A

Part 36 offers can be made, and Qualified One-Way Costs Shifting (QOCS) will apply to the appeal process.

Dispute Resolution (20 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions