Appeals

Question 1

Civil appeals go from:

District Judge in the County Court to…

Answer 1

Circuit Judge in the County Court

Question 2

Civil appeals go from:

Circuit Judge in the County Court to…

Answer 2

High Court Judge in the High Court

Question 3

Civil appeals go from:

Masters in the High Court to…

Answer 3

High Court Judge in the High Court

Question 4

Civil appeals go from:

High Court Judge in the High Court to…

Answer 4

Lord Justice of Appeal in the Court of Appeal

Question 5

Civil appeals go from:

Lord Justice of Appeal in the Court of Appeal to…

Answer 5

Justice of the Supreme Court in the Supreme Court

Question 6

What is the leapfrog procedure?

Answer 6

Where an appeal can go directly to the Supreme Court from the High Court or the Divisional Court, bypassing the Court of Appeal

Question 7

A leapfrog procedure is granted in exceptional circumstances.

What are the 2 requirements for the procedure to be considered?

Answer 7

1. All parties agree; and
2. Case raises a point of law of public importance relating to a statute or a decision in which the trial judge is bound (e.g. a previous CoA or SC decision)

Question 8

Permission to appeal must be sought from the court that made the _____ ________. Failing that, an application can be made to the court in which the case will be ________.

Answer 8

initial judgment, appealed

Question 9

An appeal will only be granted if:

• The claim looks to have a ____ _______ __ ______; or
• There is another _________ ________ to hear the case

Answer 9

real prospect of success, pressing reason

Question 10

Criminal appeals from Magistrates Court:

• D has a right to appeal from the Magistrates Court to _____ _____
• D can appeal ________ and _______, but only the latter if pleaded guilty
• The appeal results in a ____ ________ of the case
• P and D can appeal on the grounds that the decision was ______ __ ___ or _____ _____
• Application must be made in writing within __ ____ of decision being appealed
• Only _____ _________ can be made, no ___ ________ can be introduced

Answer 10

Crown Court, conviction, sentence, full rehearing, wrong in law, ultra vires, 21 days, legal arguments, new evidence

Question 11

Criminal appeals from the Crown Court:

• D may appeal from the Crown Court to the ______ __ _____ against __________ or _________
• D must seek ____ __ _____ from trial court or from CoA
• If permission is sought from CoA, application must be lodged within __ ____ of decision being appealed
• Only ground for appeal against conviction is that it was ______
• Appeal of sentence can be based on wrong in ___, _______, or __________ __________
• P can appeal _____ made by the judge during trial but may not appeal jury decision to _____

Answer 11

Court of Appeal, conviction, sentence, leave to appeal, 28 days, unsafe, law, principle, manifestly excessive, rulings, acquit

Question 12

Criminal appeals from Court of Appeal:
Decisions can be appealed to the _______ _____ if:
- CoA or SC grant _____; and
- CoA certifies that a point of law is of ______ ______ ________ is involved

Answer 12

Supreme Court, leave, general public importance