Appeals Flashcards
what should you consider if your client wants to appeal judgement against them? (3)
(1) consider if they can make the grounds for the appeal
(2) get permission to appeal
(3) consider the destination for appeal (which court and judge will hear it)
will the appeal normally involve new evidence or hear live evidence?
no - appeal is not a rehearing of the matter
appeal is a review of lower court’s decision
what are the grounds for an appeal?
- the decision was wrong
or
- the decision was unjust due to a serious irregularity
when would the ground of decision is wrong be appropriate? what does this ground entail?
- wrong decision = error of law, error of fact, error in the exercise of the court’s discretion
- note = appeal court is reluctant to declare a decision wrong if it was primarily based on an assessment of evidence that the appeal court cannot conduct
what is required to make the ground of decision is unjust due to a serious procedural or other irregularity ? what are some examples?
- the irregularity must be serious
- the irregularity must have caused the court’s decision to be unjust
examples =
- party not allowed to make submissions
- party’s submissions or too much of their skeleton argument is incorporated into the judgement
- the lower court judge was involved in previous proceedings
- the manner in which the judge handled the evidence was irregular
is permission needed to appeal?
yes
who is permission to appeal needed from?
appellant has a choice:
1. apply for permission from lower court orally immediately after judgement is given = saves time
2. apply for permission from the appeal court later in writing (must be within 21 days of the judgment)
is the appellant prevented from applying for permission to appeal from the appeal court if it orally applied to the lower court after the decision was handed down?
appellant can apply both from the lower court after decision is handed down AND from the appeal court in writing later
what is the time limit for applying for permission to appeal?
within 21 days of the lower court’s decision
what is the test for granting permission to appeal?
- the appeal would have a real prospect of success
or - there is some other compelling reason why the appeal should be heard
if permission to appeal is refused, can this be appealed?
yes - but only if:
1. the appeal would have some real prospect of success AND raise an important point of principle or practice
or
2. there is some other compelling reason why the appeal should be heard
is the judgement stayed if the appellant applies for an appeal?
not automatically - judgement is still effective
but High Court and CoA have power to stay judgement pending appeal outcome
what will the destination of an appeal be?
appeal lies to the next level of judge in the court heirarchy
if a county court district judge heard the first instance case, who hears the appeal and in which court?
County Court Circuit Judge in County Court
if a county court circuit judge heard the first instance case, who hears the appeal and in which court?
High Court Judge in the High Court
