9. Enforcement Flashcards
Where does an appeal from CC District Judge go?
CC circuit judge
Where does an appeal from CC District Judge go for non-insolvency CA 2006 proceedings?
HC Judge
Where does an appeal from a CC circuit judge go?
HC judge
Where does an appeal from a HC master go?
HC judge
Where does an appeal from a HC judge go?
CA
Time limit for appealing
21 days from lower court’s judgment
Appeal Form
Form N161
How to apply for permission to appeal
(1) Lower court orally; and/or
(2) Appeal court in writing
Test for first appeal
Real prospect or success or other compelling reason
Second appeal test for permission
Real prospect of success and raises an important point of principle or practice, or other compelling reason
How do you appeal a refusal of permission in the CC or HC?
Ask for a hearing to determine within 7 days of refusal notice
Grounds to appeal a judgment
Wrong
Serious irregularity causing unjust decision
Will the appeal court accept new evidence?
Usually not, but they have discretion to
In which court may C apply for an attachment of earnings order?
CC
In which court may C apply for an attachment of earnings order?
CC
