Appeals Flashcards
1
Q
- If permission is not needed for appeal then what does appellant need to do
A
- Appellant files appeal notice
- Serves notice on each respondent
- Appeal court hears the appeal
2
Q
- If permission is needed for appeal what does party need to do - lower court
A
- Apply to lower court at end of hearing
- If granted then
- File appeal notice - court will specify time limit (if not then no later than 21 days after date of decision)
- Serve appeal notice - court will specify time limit (if not then no later than 7 days after served)
- Appeal court hears appeal
3
Q
- What are the options if permission to appeal is not granted/ not requested at end of hearing
A
- If permission refused or not requested
- They can apply to appeal court
- Order from lower court will specify which court the permission to appeal should be made
- Applicant files appeal notice that includes a request for a permission to appeal - court will specify time limit (if not then no later than 21 days after date of decision)
- Serve appeal notice - court will specify time limit (if not then no later than 7 days after served)
- Appeal court determines application to appeal on the papers
- If permission granted then both parties notified and hearing date set
- If permission not granted then they can seek an oral hearing OR give up - permission for oral hearing must be within 7 days
4
Q
- How does appeal court determine application to appeal
A
- Appeal court determines application to appeal on the papers
- If permission granted then both parties notified and hearing date set
- If permission not granted then they can seek an oral hearing OR give up - permission for oral hearing must be within 7 days
5
Q
- Time limit for respondent to file/serve notice if permission to appeal is granted by lower court
A
- If LOWER court gives appellant permission to appeal, the respondent’s notice must be filed no more than 14 days after they are served with this notice
- Service of this notice is as soon as practicable - no more than 7 days
6
Q
- Time limit for respondent filing notice if permission is granted by appeal court
A
- If Appeal Court gives appellant permission to appeal, the respondent’s notice must be filed no more than 14 days after they are notified of appeal court decision
7
Q
- Who must hear an oral hearing
A
- Oral hearings must be listed in front of same judge who made the initial decision on the papers
8
Q
- Time limit for filing appeal notice
A
- court will specify time limit (if not then no later than 21 days after date of decision)
9
Q
- Time limit for serving appeal notice
A
- court will specify time limit (if not then no later than 7 days after served)
10
Q
- Rules do not apply to which type of appeal
A
- This Part does not apply to an appeal in detailed assessment proceedings against a decision of an authorised court officer.
11
Q
- Permission for appeal is needed for
A
- where the appeal is from a decision of a judge in the County Court or the High Court, or to the Court of Appeal from a decision of a judge in the family court, except the 3 specific exceptions
- Permission is also needed where the appeal is from
- a Divisional Court in contempt proceedings;
- a single judge of the High Court made on appeal in contempt proceedings;
- the Court of Appeal in contempt proceedings; or
- the Court of Appeal in proceedings other than contempt proceedings.
12
Q
- Permission to appeal is not needed for
A
- CC, HC, CofA Family
- Committal order
- Refusal to grant habeas corpus
- A secure accommodation order
13
Q
- To which decision can permission to appeal not be given through the normal 2 methods
A
- a Divisional Court in contempt proceedings;
- a single judge of the High Court made on appeal in contempt proceedings;
- the Court of Appeal in contempt proceedings; or
- the Court of Appeal in proceedings other than contempt proceedings.
14
Q
- What are contempt proceedings
A
- an appeal by a defendant in respect of any order or decision made by a court in the exercise of its jurisdiction to punish for contempt of court or under an enactment enabling the court to deal with an offense as if it were a contempt of court or under section 14, 92 or 118 of the County Courts Act 1984; and
- an appeal by an applicant in respect of any order made on an application for committal or attachment.
15
Q
- Permission to appeal in certain contempt proceedings
A
- an application for permission to appeal must be made to the Divisional Court or the single judge of the High Court or the Court of Appeal (as the case may be); and
- the application must be made within 28 days of the date on which that Court provides reasons for its decision.
16
Q
- Permission to appeal from the CofA to the Supreme Court
A
- Where the appeal is one to which 52.3(1)(c)(Iv) applies
- Application for permission to appeal must be made to the CofA
- Application must be made within 28 days after the date of the decision of the CofA
17
Q
- Time limit for request for oral hearing after service of notice that permission has been refused
A
- A request for oral hearing must be filed within 7 days after service of the notice that permission has been refused
18
Q
- CofA deciding application for permission to appeal needs oral hearing - steps/process of notification of oral hearing
A
- The judge considering the application on paper may direct that the application be determined at an oral hearing, and must so direct if the judge is of the opinion that the application cannot be fairly determined on paper without an oral hearing.
- Oral hearing must be listed
- no later than 14 days from the date of the direction under that paragraph; and
- before the judge who made that direction,
- unless the court directs otherwise.
- The Court of Appeal may, in any direction for oral hearing
- identify any issue or issues on which the party seeking permission should specifically focus its submissions at the oral hearing in order to assist the court to determine the application; and
- direct the respondent to serve and file written submissions and to attend the oral hearing.
19
Q
- Permission to appeal test - first appeals
A
- permission to appeal may be given only where—
- the court considers that the appeal would have a real prospect of success; or
- there is some other compelling reason for the appeal to be heard.
- An order giving permission under this rule or under rule 52.7 may—
- limit the issues to be heard; and
- be made subject to conditions.
- DOES NOT APPLY TO APPEALS TO THE SUPREME COURT or SECOND APPEALS
20
Q
- Permission to appeal test - second appeals
A
- Permission is required from the Court of Appeal for any appeal to that court from a decision of the County Court, the family court or the High Court which was itself made on appeal, or a decision of the Upper Tribunal which was made on appeal from a decision of the First-tier Tribunal on a point of law where the Upper Tribunal has refused permission to appeal to the Court of Appeal.
- The Court of Appeal will not give permission unless it considers that—
- the appeal would—
- have a real prospect of success; and
- raise an important point of principle or practice; or
- there is some other compelling reason for the Court of Appeal to hear it.
21
Q
- Permission to appeal in contempt proceedings where the appeal would lie to the SC
A
- Applies to permission to appeal
- a decision of a single judge of the High Court made on appeal in contempt proceedings
- Divisional court in contempt proceedings - which itself was made on appeal
- CofA in contempt proceedings - which itself was made on appeal
- Where this rule applies the court from which the appeal lies may grant permission only if—
- that court certifies that a point of general public importance is involved in the decision; and
- it appears to that court that the point is one which ought to be considered by the Supreme Court.
22
Q
- Where an appellant seeks permission to appeal against a decision to refuse to grant an interim injunction under section 41 of the Policing and Crime Act 200
A
- the appellant is not required to serve the appellant’s notice on the respondent.
23
Q
- Respondents Notice
A
- A respondent who—
- is seeking permission to appeal from the appeal court; or
- wishes to ask the appeal court to uphold the decision of the lower court for reasons different from or additional to those given by the lower court,
- must file a respondent’s notice.
24
Q
- Time limit for serving respondents notice on appellant
A
- Unless the appeal court orders otherwise, 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.
- This rule does not apply where rule 52.12(4) applies - appeal against a decision to refuse to grant an interim injunction under section 41 of the Policing and Crime Act 2009
25
25. Transcripts at public expense
* Subject to paragraph (2), the lower court or the appeal court may direct, on the request of a party to the proceedings, that an official transcript of the judgment of the lower court, or of any part of the evidence or the proceedings in the lower court, be obtained at public expense for the purposes of an appeal.
* Before making a direction under paragraph (1), the court must be satisfied that—
* the requesting party qualifies for fee remission or is otherwise in such poor financial circumstances that the cost of obtaining a transcript would be an excessive burden; and
* it is necessary in the interests of justice for such a transcript to be obtained.
26
26. Variation of time
* An application to vary the time limit for filing an appeal notice must be made to the appeal court.
* The parties may not agree to extend any date or time set by—
* these Rules;
* Practice Directions 52A to 52E; or
* an order of the appeal court or the lower court.
27
27. Variation of time in certain contempt proceedings
* A defendant in contempt proceedings may apply to extend the time set out at rule 52.3A(1)(a) and (b).
28
28. Appeal as a stay?
* Unless—
* the appeal court or the lower court orders otherwise; or
* the appeal is from the Immigration and Asylum Chamber of the Upper Tribunal,
* an appeal shall not operate as a stay of any order or decision of the lower court.
29
29. Appeal courts powers
* In relation to an appeal the appeal court has all the powers of the lower court
* The appeal court has power to—
* affirm, set aside or vary any order or judgment made or given by the lower court;
* refer any claim or issue for determination by the lower court;
* order a new trial or hearing;
* make orders for the payment of interest;
* make a costs order.
30
30. Appeals courts power in an appeal from a claim tried with a jury
* In an appeal from a claim tried with a jury the Court of Appeal may, instead of ordering a new trial—
* make an order for damages; or
* vary an award of damages made by the jury.
31
31. Appeal court refused an application for permission to appeal, strikes out an appellant’s notice; or dismisses an appeal
* If it considers that the application, the appellant’s notice or the appeal is totally without merit they must
* the court’s order must record the fact that it considers the application, the appellant’s notice or the appeal to be totally without merit; and
* the court must at the same time consider whether it is appropriate to make a civil restraint order.
32
32. Hearing of appeals
* Every appeal will be limited to a review of the decision of the lower court unless—
* a practice direction makes different provision for a particular category of appeal; or
* the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.
33
33. Evidence for appeal court
* Unless it orders otherwise, the appeal court will not receive—
* oral evidence; or
* evidence which was not before the lower court.
34
34. Appeal court will allow appeal where
* the decision of the lower court was—
* wrong; or
* unjust because of a serious procedural or other irregularity in the proceedings in the lower court.
35
35. Appeal court inferences
* The appeal court may draw any inference of fact which it considers justified on the evidence.
36
36. Relying on matters outside of the appeal notice
* At the hearing of the appeal, a party may not rely on a matter not contained in that party’s appeal notice unless the court gives permission.
37
37. Filing appellants notice in wong court
* Where a party attempts to file an appellant’s notice in a court which does not have jurisdiction to issue the notice, a court officer may notify that party in writing that the appeal court does not have jurisdiction in respect of the notice.
* Before notifying a person under paragraph (1) the court officer must confer—
* with a judge of the appeal court; or
* where the Court of Appeal is the appeal court, with a court officer who exercises the jurisdiction of that Court
38
38. Appeal in relation to case management decision
* Where the application is for permission to appeal from a case management decision, the court dealing with the application may take into account whether—
* the issue is of sufficient significance to justify the costs of an appeal;
* the procedural consequences of an appeal (e.g loss of trial date) outweigh the significance of the case management decision;
* it would be more convenient to determine the issue at or after trial.
39
39. Second appeal
* An application for permission to appeal from a decision of the High Court or the County Court which was itself made on appeal is a second appeal and must be made to the Court of Appeal.
* If permission to appeal is granted the appeal will be heard by the Court of Appeal.
40
40. Skeleton arguments
* A skeleton argument must—
* be concise;
* both define and confine the areas of controversy;
* be set out in numbered paragraphs;
* be cross-referenced to any relevant document in the bundle;
* be self-contained and not incorporate by reference material from previous skeleton arguments;
* not include extensive quotations from documents or authorities.
* Documents to be relied on must be identified.
* Where it is necessary to refer to an authority, a skeleton argument must—
* state the proposition of law the authority demonstrates; and
* identify the parts of the authority that support the proposition.
* If more than one authority is cited in support of a given proposition, the skeleton argument must briefly state why.
41
41. Costs of preparing skeleton argument
* The cost of preparing a skeleton argument which—
* does not comply with the requirements set out in this paragraph; or
* was not filed within the time limits provided by this Practice Direction (or any further time granted by the court),
* will not be allowed on assessment except as directed by the court.
42
42. Review or rehearing
* A rehearing is an exception to the general rule
* some injustice must have occurred, and a simple failure to put one’s case before the first court is not ordinarily to be cured by a re-hearing.
* Generally the fact that the court below had not given reasons was not a ground for holding a re-hearing, rather than a review,
* but it would be otherwise if the court below had been asked to give its reasons and had refused to do so or if there was some good reason for not asking the court below to give its reasons
43
43. Fresh evidence
* CA have power to receive ‘further evidence’, but could only do so on ‘special grounds’ -
* The evidence could not have been obtained with reasonable diligence for use at the trial
* the evidence must be such that, if given, it would probably have an important influence on the result of the case, though it need not be decisive and
* the evidence must be such as is presumably to be believed; it must be apparently credible, though it need not be incontrovertible.
44
44. Destination of Appeal - DJ in county court
* Not contempt and not non-insolvency proceedings under Companies Act = CJ in County Court
* Non Insolvency proceedings = HCJ or ICC Judge
* Contempt = CJ in county court or CA
45
45. Destination of Appeal - CJ in county court
* Not Contempt = HCJ
* Contempt = CA
46
46. Destination of Appeal - Master,ICC or DJ in high court
* HCJ
47
47. Destination of Appeal - HCJ in high court
* CA
48
48. Destination of Appeal - DC in high court
* Not contempt = CA
* Contempt = SC
49
49. Destination of Appeal - DJ in IPE court
* Enterprise Judge
50
50. Destination of Appeal - Enterprise Judge in Enterprise Court
* CA
51
(For a second appeal (an appeal from a decision of the County Court or the High Court which was itself made on appeal), the destination is
CA
