Appeals

Question 1

Grounds of appeal

Answer 1

Decision was wrong - in law, fact, exercise of discretion
- appeal court will not have access to evidence in same form as lower court so will be reluctant to declare decision as wrong

Decision was unjust due to serious procedural or other regularity
- must be serious and caused decision to be unjust

Question 2

Hearing of appeals

Answer 2

Usual practice is to take review of decision based on evidence and representations lower court heard

not a rehearing

Question 3

Access to new evidence?

Answer 3

No - not allowed

Question 4

Time limit

Answer 4

Appeal must be made within 21 days of lower court’s decision

Can apply for extension if good reason

Question 5

When do judgment/orders take effect?

Answer 5

On day they are given/made

A delay in formally drawing up judgment or order will not delay time running for purpose of making an appeal

Question 6

Permission to appeal

Answer 6

From lower court - when decision made
- orally
- saves time

To appeal court later
- in writing
- more time to prep application

Question 7

Test where appeal court is county court or high court

Answer 7

Permission to appeal granted if
- appeal would have prospect of success OR
- some other compelling reason why appeal should be hesrd

Question 8

Application for permission to appeal to HC

Answer 8

Paper application first - if refused appellant can request oral hearing within 7 days

If refused at oral hearing - no further appeal

Question 9

Test for appeal to Court of Appeal

Answer 9

CA will not grant permission unless it considers that
- appeal would have real prospect of success AND
- raise important point of principle/practice
OR
- some other compelling reason for CA to hear it

Question 10

Application to CA to appeal

Answer 10

Determined on papers alone unless court considers it should be dealt with orally

Duty to hold oral hearing if cannot fairly determine application on papers

Question 11

If permission to appeal granted

Answer 11

Appellants application doubles as document which initiates appeal
- contains grounds, evidence, supporting docs eyc

Appeal court uses contents to progress to final determination

Question 12

Does appeal act as stay on execution

Answer 12

No - judgment can be enforced still

But HC and CA do have power to order staff if justified

Question 13

Court’s powers on appeal

Answer 13

All powers of the lower court

Can replace with own judgment

Affirm/set aside/vary order
Order new trial/hearing
Dismiss appeal
Refer issue to lower court
Make order for payment of interest
Costs order