Appeals Flashcards
What are the grounds for appeal?
Decision in lower court which is wrong or unjust
Will there generally be a rehearing for appeals?
No - review of evidence/representations in lower court
What are the grounds for appeal based on?
Wrong decision in lower court: Due to error of law, fact or exercise of discretion
Unjust decision in lower court: serious procedural or other irregularity
What happens before an appeal court decides if grounds for appeal are established?
Permission stage
How can a permission to appeal be applied for?
- Apply from lower court at time of original decision (orally)
AND/OR - Make application to appeal court later (in writing)
How is an application for permission to appeal dealt with?
Court of appeal: papers unless judge cannot fairly determine
County Court/High Court: if refuse paper application, applicant can request decision to be reconsidered at oral hearing.
What is the time limit for appeals?
Within 21 days of date of lower court decision
What is the test for allowing a first appeal?
Court considers:
* Appeal would have real prospect of success or
* Other compelling reason
What is the test for allowing a second appeal by the court of appeal?
- Appeal would have real prospect of success and raise an important point of principle or practice
- Other compelling reason
Does an appeal operate as a stay of execution?
No
What are the routes of appeal?
County Court district judge > County Court circuit judge
Couty Court district judge (non-insolvency proceedings pursuant to Companies Acts) > High Court
County Court circuit judge > High Court judge
High Court master > High Court judge
High Court judge > Court of Appeal
What does the appeal court have the power to do?
- Affirm, set aside, vary
- Refer for determination by lower court
- Order new trial or hearing
- Orders for payment of interest
- Costs order
- Dismiss appeal
