Appeals

Question 1

when does an appellant or responder require permission to appeal?

Answer 1

 (a) where the appeal is from a decision of a judge in the County Court or the High Court, or to the Court of Appeal from a decision of a judge in the family court, except where the appeal is against—
* (i) a committal order made in the County Court or by a single judge of the High Court not sitting on an appeal;
* (ii) a refusal to grant habeas corpus;
* (iii) a secure accommodation order made under section 25 of the Children Act 1989 or section 119 of the Social Services and Well-being (Wales) Act 2014;
 (b) as provided by Practice Directions 52A to 52E; or
 (c) where the appeal is from the decision of—
* (i) a Divisional Court in contempt proceedings;
* (ii) a single judge of the High Court made on appeal in contempt proceedings;
* (iii) the Court of Appeal in contempt proceedings; or
* (iv) the Court of Appeal in proceedings other than contempt proceedings.

Question 2

what are the exceptions to where appeals from the decision of a judge in the county court or the High Court are subject to the requirement of permission?

Answer 2

where appeal is against a committal order. a refusal to grant habeas corpus or a secure accommodation order

Question 3

true or false:
Every appeal is limited to a review of the decision under appeal unless a Practice Direction provides otherwise or the “appeal court” considers that a re-hearing should be held in the interests of justice: CPR r. 52.21(1).

Answer 3

true

Question 4

where should an appeal go to if made from a district judge in the county court?

Answer 4

circuit judge

Question 5

where should an appeal go to if made from a Master or district judge in the High Court

Answer 5

it should go to a high court judge

Question 6

where should an appeal go if made by a circuit judge?

Answer 6

it should go to a high court judge

Question 7

where should an appeal from a high court judge go to?

Answer 7

the court of appeal.

Question 8

what is the test for granting permission in first appeals?

Answer 8

(a) the appeal would have a real prospect of success or
(b) there is some other compelling reason for the appeal to be heard: CPR r. 52.6(1). The court will, of course, consider the overriding objective etc. Permission may be limited and the court may impose conditions.

Question 9

what is the test for granting permission in second appeals

Answer 9

(a) the appeal would have a real prospect of success and raise an important point of principle or practice or (b) there is some other compelling reason for the Court of Appeal to hear it

Question 10

what are the exceptions to the destination of appeals?

Answer 10

A decision which was, itself, made on appeal can only be appealed to the Court of Appeal: see the Access to Justice Act 1999 (Destination of Appeals ) Order 2016

2. An appeal which would otherwise lie to a circuit judge or a High Court judge may be transferred to the Court of Appeal (either by the lower court or the appeal court or the Master of the Rolls

Question 11

true or false:
Where permission is sought from the appeal court it must be requested in the appeal notice

Answer 11

true