Appeals

Question 1

Is there an automatic right to Appeal in civil proceedings?

Answer 1

NO - need COURT PERMISSION

Question 2

What 2 courts can grant an Appeal?

Answer 2

(1) ‘Lower’ Court (i.e. court original case heard in) OR
(2) Relevant Appeal Court

Question 3

What is the ‘Appeal Court’ for decisions made by the following:

(1) Country District Judge
(2) County Circuit Judge

Answer 3

(1) County Circuit Judge
(2) High Court Judge

Question 4

What is the ‘Appeal Court’ for decisions made by the following:

(1) High Court Master
(2) High Court Judge
(3) Court of Appeal

Answer 4

(1) High Court Judge
(2) Court of Appeal
(3) Supreme Court

Question 5

What is the 2 part test for an Appeal?
(1)
(a)
(b)

(2)

Answer 5

(1) REAL PROSPECT OF SUCCESS
(a) Prior decision WRONG (error of law, fact or exercise of court’s discretion)
(b) Serious PROCEDURAL / other IRREGULARITY

(2) Other COMPELLING REASON

Question 6

How long does a Party have to appeal in:
(a) County Court
(b) High Court
(c) Court of Appeal

Answer 6

(a) 21 days from judgment
(b) 21 days from judgment
(c) 28 days from judgment