Appeals Flashcards
Where does a case heard by a District Judge in County Court go on appeal?
A Circuit Judge in County Court
Where does a case heard by a Circuit Judge in County Court go on appeal?
A High Court Judge in the High Court
Where does a case heard by a Master in High Court go on appeal?
A High Court Judge in the High Court
Where does a case heard by a High Court Judge go on appeal?
A Lord Justice of Appeal in the Court of Appeals
Where does a case heard by a Lord Justice of Appeal in the Court of Appeals go on appeal?
A Justice of the Supreme Court in the Supreme Court
How to Request an Appeal in Civil Court
Need permission to appeal from (1) the court that made initial judgement, or failing that, (2) the court where the case will be appealed.
Appeal only granted if:
(i) The claim has a prospect of success, OR
(ii) There is another pressing reason to hear the case
Criminal Appeals to the Crown Court
Hears appeals against BOTH sentencing and verdict (unless D has plead guilty, then only sentence can be appealed)
Full rehearing of case
Criminal Appeals to the High Court
EITHER PARTY can appeal to the High Court on the grounds that a Magistrate has incorrectly applied PROCEDURE (e.g., denying admissible evidence)
Criminal Appeals to Administrative Court
EITHER PARTY can appeal to the Administrative Court on the grounds that the PROCESS OF THE JUDGEMENT was incorrect, and in being incorrect, the court acted Ultra Vires.
Criminal Appeals to the Court of Appeals
Only the CONVICTED PARTY can appeal here.
Should be done within 28 days of conviction (depending on the ground for appeal)
Criminal Appeals to the Supreme Court
Can only appeal here if:
(i) The Court of Appeal has given leave to appeal, and
(ii) the point of law at issue is of public importance
