APPEALS

Question 1

Destination of Appeals

Answer 1

Exam Tip
To be able to state correctly the court/type of judge to which a decision will be appealed, it is necessary to know the type of judge whose decision is being appealed and not just which court made the decision.

Therefore, when answering a question on this, fix on the judge who made the decision and not the court they were sitting in.

Question 2

PERMISSION TO APPEAL

Answer 2

1. There is** no automatic right** to appeal in civil cases.
2. There-fore, a party wishing to appeal will always first need to apply for permission to appeal.
3. A party can make an application for permission to appeal a decision:
   *To the lower court where the decision was made; or
   *To the appeal court in the notice.

Question 3

GROUNDS FOR APPEAL

Answer 3

*The decision is wrong in fact, law, or the exercise of the
court’s direction; or
*The decision is unjust because of serious procedural or
other irregularity in the proceedings.

Question 4

3

TIME LIMITS FOR APPEAL

Answer 4

1. When appealing from a decision in the High Court or County Court, the appellant needs the permission of the court.
2. The application for permission can be made** orally**, immediately
   after the judge has made the decision or given the order.
3. Alternatively, or if oral permission is not granted, a party may make a formal application for leave to appeal.

Question 5

2

Time Runs from Handing Down

Answer 5

1. The party must make the application within 21 days of the judgment or order that they are seeking to appeal.
2. Time runs from the date that the judge **formally ‘hands down’ **the judgment or decision. It does not run from when the order is sealed.

Question 6

3

Considered Without Hearing

Answer 6

1. Normally the court considers the appellant’s notice and application without a hearing.
2. If granted, the matter will be listed for a hearing for the appeal to be heard.
3. If not granted, and within seven days of service of the court order refusing to grant permission, the appellant may request an oral hearing so that they can make representation as to why the court should grant permission.

Question 7

3

No Permission Sought

Answer 7

1. If a party does not seek permission from the lower court and no request for an extension of time is made, then once the 21-day period has expired, they can no longer make application to the court for permission to appeal.
2. However, a party may apply in an appropriate case to the Court of Appeal for permission retrospectively.
3. The Court of Appeal treats this
   as an application for** relief of sanctions** and, therefore, the
   appellant must persuade the court of its reasonableness, applying the following considerations:
   (1) The seriousness and significance of the failure to comply with the rules;

(2) Why the default occurred; and

(3) Evaluation of the circumstances of the case, so that the court can deal with the application in a just manner.

Question 9

PROCESS ON APPEAL

Answer 9

1. A party wishing to appeal must send an appeal form to the court, together with a copy of the sealed order, the subject of the appeal, and the application notice.
2. The respondent may also cross-appeal using a similar process. If they do not wish to cross-appeal, and they simply want the court to uphold the original decision, they do not need to do this.

Question 10

4

THE APPEAL HEARING

Answer 10

1. The hearing is limited to a review of the decision of the lower court.
2. It will not consist of a re-hearing.
3. The court will not per-mit a party to rely on evidence that was not available at the original hearing, without permission.
4. The court may deal with an appeal as a** ‘rolled-up’ hearing**, that is, determining the application for permission and then considering the appeal in the same hearing.