Appeal Flashcards
What is an Appeal?
- A Review of the Lower Court’s decision based on existing Evidence and Representations.
- No New Evidence is allowed.
What are the Grounds of Appeal?
The Lower Court’s Decision is:
- Wrong.
- Unjust due to Serious Procedural or Other Irregularities.
What are the Different Types of Wrong Decisions?
- Error of Fact: Incorrect findings based on the evidence presented.
- Error of Law: Misinterpretation or misapplication of legal principles.
- Error in Exercise of Discretion: Improper application of judicial discretion.
The Appellate Court recognises the Lower Court’s first-hand advantage, and is thus hesitant to overturn decisions based on Witness credibility or factual assessments by the Judge.
When is a Decision Unjust due to Serious Procedural or Other Irregularities?
- Seriousness: The Irregularity was significant.
- Impact on Justice: The Irregularity caused the Decision to be unjust.
The focus here is not on correctness, but fairness.
Examples include:
- Improper handling of Evidence.
- Denial of the opportunity to make Submissions.
- Judge’s prior involvement in related Proceedings.
- Excessive incorporation of a Party’s submissions into the judgment.
What is the Procedure for Applying to Appeal?
Application from the Lower Court:
- The Application should be made Orally immediately after the Judgment is given, while the Parties are still present.
Application from the Appellate Court:
- The Application should be made after the Lower Court Decision using Form N161.
The Appellant can use both options.
How is an Applications to Appeal dealt with in the Appellate Courts?
If the Appellate is the Court of Appeal:
- The Application is usually determined on paper alone.
- At its Discretion or if necessary, a Judge may call a Hearing to be attended within 14 days.
If the Appellate is the County or High Court:
- The Application is initially determined on paper alone.
- If refused, the Appellant may request an Oral Hearing within 7 days of Service of the Refusal Notice.
- If refused again, no further Appeals are permitted.
What are the Time Limits for Appeal?
- Appeals must be made within 21 days of the Lower Court’s Decision.
- The Lower Court may grant an Extension if there is good reason.
- The Court may specify a different Deadline.
What is the Test for Granting Permission to Appeal?
For First Appeals:
- Real Prospect of Success: The Appeal has a realistic chance of success; or
- Compelling Reasons: The Appellant presents compelling reasons to grant an Appeal.
For Second Appeals:
- Real Prospect of Success: The Appeal has a realistic chance of success; and
- Legal Significance: The Appeal raises an important point of principle or practice; or
- Distinct Compelling Reasons: The Appellant presents new compelling reasons to grant an Appeal.
Permission may be subject to specific conditions.
What is the Post-Permission Procedure for Appeal?
- The Appeal progresses in the Appellate Court.
- The Appellant must Serve Notice of the N161 on the Respondent within 7 days of Permission being granted.
From this point on, the N161 serves doubly as the initiation of the Appeal, effectively becoming a Statement of Case.
Is a Stay of Execution Pending Appeal automatic following Permission to Appeal?
- No. An Application is necessary, and it is within the Court’s Discretion to grant.
- Stays are usually granted if Enforcement would cause unfairness or render the Appeal pointless.
What are the Routes of Appeal?
From County Court District Judge:
- Generally, Appeal is to a County Court Circuit Judge.
- For Non-Insolvency Companies Act Matters, Appeal is to a High Court Judge.
From County Court Circuit Judge:
- First Appeal is to a High Court Judge.
- Second Appeal is to the Court of Appeal.
From High Court Master:
- Appeal is to a High Court Judge.
From High Court Judge:
- Appeal is to the Court of Appeal.
From Court of Appeal:
- Appeal is to the Supreme Court in exceptional circumstances.
Exceptional Circumstances:
- Appeal is directly to the Court of Appeal
What are the Powers of the Appellate Court?
General Powers:
- Substitution: May replace the Lower Court’s Judgment with its own.
Specific Powers:
- Affirm, Set Aside, or Vary: Confirm, nullify, or alter any order or Judgment from the Lower Court.
- Refer Issues: Send any Claim or issue back to the Lower Courtfor determination.
- Order a New Trial or Hearing: Require the matter to be Re-Heard.
- Order Payment of Interest: Make provisions regarding interest on sums awarded.
- Make Costs Orders: Decide on the allocation and payment of legal costs.
Possible Outcomes:
- Dismissal: The Appeal may be dismissed, leaving the Lower Court’s Decision intact.
- Partial Success: The Appellate Court may vary parts of the Lower Court’s Decision.
- Complete Overturn: The Lower Court’s Decision may be entirely set aside.
