Appeal routes in civil cases Flashcards
What is the route for appeal for fast track cases heard initially be a District Judge?
dealt with by a District Judge, the appeal is heard by a Circuit Judge
What is the route of appeal for fast track cases heard initially by a Circuit Judge?
dealt with by a Circuit Judge, the appeal is heard by a High Court
What is the route of appeal for final decisions in multi-track cases heard in the County Court?
for final decisions in multi-track cases heard in the County Court the right of appeal is to the Court of Appeal
From when have appeals against decisions in small claims cases been possible ?
Sine October 2000
Why was the right to appeal against decisions in small claims cases introduced?
In order to comply with Art 6 (right to fair trial) of the European Convention on Human Rights
What are the appeal routes for a small claims case?
the same as fast track, the appeal is to the next judge up in the hierarchy
When can a further appeal be made to the Court of Appeal?
in exceptional cases
what power means that a further appeal can be made to the Court of Appeal?
s.55 of the Access to Justice Act 1999
Under what situation can a further appeal be made to the Court of Appeal?
- when an appeal would raise an important point of principle or practice
- if there is some other compelling reason for the Court of Appeal to hear it
From a decision in the High Court, where does the appeal go to ?
Court of Appeal
Under what power may a ‘leapfrog’ appeal directly to the Supreme Court?
-Administration of Justice Act 1969
What must a leapfrog appeal involved in order to appeal directly to the Supreme Court from the High Court ?
-must involve a point of law of general public importance which either concerns the interpretation of a statute or involves a binding precedent of the Court of Appeal or the Supreme Court which the trial judge must follow
From a decisions of the Court of Appeal that is further appealed to the Supreme Court, who must grant permission?
- Supreme Court
- Court of Appeal
If a point of European law is involved where might the case be referred ? under what power?
ECJ under Art 267 of the Treaty of the Functioning of the European Union
What are tribunals?
Tribunals operate alongside the court system and have become an important part of the legal system
