Appeals Flashcards
Explain the public interest in judicial decisions.
There is a strong public interest in regarding judicial decisions as final and binding.
How does the topic of appeals relate to civil appeals in England and Wales?
The topic specifically concerns civil appeals in England and Wales, particularly in relation to the Court of Appeal.
Describe the conditions under which an appeal court will allow an appeal.
An appeal court will allow an appeal if the decision of the lower court was either wrong or unjust due to a serious procedural or other irregularity in the proceedings.
What are the two methods of applying for permission to appeal?
The two methods are applying orally when parties are before a judge or in writing using Form N161, usually without a hearing.
What is the difference between first and second appeals in terms of court decisions?
First appeals are the initial appeals from a lower court’s decision, while second appeals are appeals from the decision made on the first appeal.
How does the appeal process typically function regarding evidence?
The normal practice for appeals is to review the lower court’s decision based on the evidence and representations heard by the lower court, rather than conducting a re-hearing of the matter.
Does the appeal court have access to new evidence?
CPR 52.21 outlines the grounds for appeal and establishes that the appeal court typically does not have access to new evidence or the ability to hear evidence live, as the lower court did.
What must the appeal court assess when considering an appeal?
The appeal court must assess whether either of the grounds for appeal—wrong decision or unjust due to procedural irregularity—has been established.
Describe the types of errors that can lead to a wrong decision in a court context.
Errors that can lead to a wrong decision include an error of law, an error of fact, or an error in the exercise of the court’s discretion.
How does the appeal court approach decisions made by the lower court in terms of the assessment of evidence
The appeal court is mindful that it does not have access to the evidence in the same form as the lower court and is therefore reluctant to declare the lower court’s decision wrong if it was based on an assessment of evidence.
What is an example of a situation where an appeal court might hesitate to interfere with a lower court’s decision?
An example is when a lower court’s decision is based on irreconcilable accounts, where the credibility of the parties’ testimony is a primary issue as the trial judge has seen and heard the witnesses, making their assessment of credibility carry great weight
Describe the criteria for proving an irregularity in a lower court’s decision.
The irregularity must be ‘serious’ and must have caused the lower court’s decision to be unjust.
Identify examples of how an irregularity might occur in a court proceeding.
Examples include a party being given no chance to make submissions, a party’s submissions being incorporated into the judgment, the judge’s prior involvement in proceedings, and the manner in which the judge handled the evidence.
How can a prospective appellant apply for permission to appeal?
A prospective appellant can apply for permission either from the lower court at the time of the decision or later to the appeal court.
What are the benefits of applying for permission to appeal from the lower court?
Applying for permission from the lower court can save time and costs for both the court and the parties involved.
What happens if a party applies unsuccessfully for permission to appeal from the lower court?
If a party applies unsuccessfully to the lower court, they can still pursue an application to the appeal court later.
Define the role of Form N161 in the appeal process.
Form N161 is used for making a written application for permission to appeal, typically without a hearing.
What can a judge do if they believe an application cannot be fairly determined on the papers?
The judge can exercise their discretion to summon the parties for an oral hearing.
How soon must an oral hearing be listed if appealing to COURT OF APPEAL
Any oral hearing must be listed within 14 days, unless the circumstances are exceptional.
Define the process for requesting an oral hearing in the County Court or High Court after a paper application is refused.
The appellant may request that the decision be reconsidered at an oral hearing within 7 days after service of the notice refusing permission.
REMEMBER 7 DAYS IF APPELLATE COURT IS COUNTY COURT OR HIGH COURT
What happens if permission is refused at the oral hearing in the County Court or High Court?
If permission is refused at that oral hearing, no appeal against that decision is possible.
How does the application for permission get dealt with in the Court of Appeal?
Applications are generally determined on the papers unless an oral hearing is deemed necessary by the judge.
Describe the general rule for making an appeal after a lower court’s decision.
An appeal must be made within 21 days of the lower court’s decision using Form N161, the ‘Appellant’s notice’, unless the court orders otherwise.
Describe the criteria for a court to grant permission for an appeal.
Permission will be granted if the court considers that the appeal has a real prospect of success or if there is some other compelling reason for the appeal to be heard.
Define the criteria for granting permission for a SECOND appeal according to CPR 52.7.
The criteria include that the appeal must have a real prospect of success and raise an important point of principle or practice, or there must be some other compelling reason for the Court of Appeal to hear it.
Describe the general rule regarding appeals and execution of lower court orders.
An appeal does not operate as a stay of execution on the order of the lower court, meaning the judgment remains effective and may be enforced while the appeal is pending.
Under what circumstances might a stay pending appeal be justified?
A stay pending appeal may be justified in certain circumstances, such as when enforcing a lower court’s order would defeat the benefit of a successful appeal.
Who do you appeal to from the County Court District Judge
County Court Circuit Judge
Who do you appeal to from the County Court District Judge dealing with
non-insolvency proceedings brought pursuant to the Companies Acts
High court
Who do you appeal to from the County Court Circuit Judge?
High Court Judge.
Who do you appeal to from the High Court Master?
High Court Judge.
Who do you appeal to from the High Court Judge?
Court of Appeal.
Explain the significance of the Companies Act in the context of non-insolvency matters.
The Companies Act matters are specifically mentioned in the context of the route of first appeal, indicating that they are non-insolvency matters only.
Describe the powers of the appeal court in relation to the lower court’s judgment.
The appeal court can affirm, set aside, or vary any order or judgment made by the lower court.
What options does the appeal court have regarding a new trial?
The appeal court has the power to order a new trial or hearing.
In what situation might the appeal court refer a claim back to the lower court?
The appeal court might refer any claim or issue for determination by the lower court.
What is the deadline for serving the appellant’s notice on each respondent?
Unless the appeal court orders otherwise, the appellant’s notice must be served on each respondent as soon as practicable and no later than 7 days after it was filed.
How does a respondent’s notice relate to Form N161 and Form N162?
The respondent’s notice mirrors Form N161 in terms of content and is presented in a standard form known as Form N162.
Explain the limitations of the appeal court regarding new evidence.
The appeal court normally does not have access to any new evidence and does not hear or examine evidence ‘live’ as the lower court does.
When must the respondent’s notice be
Within 14 days after the date on which the respondent became aware that the appeal was going ahead
How soon must a respondent’s notice be served after it is filed?
A respondent’s notice must be served on the appellant and any other respondent as soon as practicable, and in any event, not later than 7 days after it is filed.
How long does the appellant have to file the appeal bundle after submitting the appellant’s notice?
The appeal bundle must be filed within 35 days of the filing of the appellant’s notice.
What is required to be included in the appeal bundle
A copy of the appellant’s or respondent’s skeleton argument should be included in the appeal bundle.
