Appeals Flashcards
When is permission to appeal needed?
For any decision of the high court or county court except
(i) committal order made in County Court or by a singe HC judge
(ii) refusal to grant habeus corpus
(iii) secure accommodation order
(iv) contempt proceedings
Who can an application for permission to appeal be made to?
To the lower court in the hearing that is being appealed
To the appeal court in an appeal notice
If permission is refused by the lower court, what can the appellant do?
Apply to the appeal court
How is an application for permission to appeal granted in the high and county courts?
On paper without a hearing unless the court otherwise directs
If refused, an application can then be made for an oral hearing (must be made within 7 days)
When will an oral hearing not be granted following dismissal of the application on paper?
HC Judge, Designated Civil judge or specialist circuit judge refuse and consider the application totally without merit
How is an application for permission to appeal dealt with by CoA ?
On the papers, but judge can direct there to be a hearing.
The judge must direct a hearing where they are of the opinion that the application cannot fairly be decided without one
What is the time frame for an oral hearing in the CoA to be listed?
Must be with 14 days of the decision to list one.
It should be before the judge who made the decision (unless court orders otherwise)
What is the test for a first appeal?
Real prospect of success
or
Some other compelling reason for the appeal to be heard
What is the test for a second appeal before the CoA?
Real prospect of success
and
raises an important point of principle or practice
or
There is some other compelling reason
When should an appeal notice be filed?
In the timeframe set out by the decision of the lower court
or
21 days after the date of the decision (if no timeframe set out)
When should the appellant’s notice be served on each respondent?
As soon as practicable
No later than 7 days after filing
When must a respondent file a respondent’s notice?
When seeking to appeal or when seeking to uphold for different reasons than those given in the judgment
When should the respondent give their notice?
In the timeframe set out by the lower court
or 14 days if no timeframe given
This is after the date on which they knew the appeal was going ahead. So either when permission was given, when served on them if permission was given below or not required, or when told it would be a rolled up hearing
When should the respondent’s notice be served on other parties?
As soon as practicable
No later than 7 days after filing
Can the court, when giving permission, order a transcript of the judgment be provided?
Yes - but must be satisfied they’re poor and its in the interests of justice
Can the time limits be varied?
Yes, but only on application to the appeal court.
They cannot be varied by consent
Does an appeal operate as a stay of proceedings?
No
Not unless it is the court orders otherwise
or
it is an appeal from the Upper Immigration tribunal
What powers does the appeal court have?
All the powers of the lower court
It can affirm, set aside or vary any order given below
Refer anything back to lower court for decision
Order a new trial or hearing
make orders for the payment of interest
make a costs order
What if it is an appeal for a trial heard with a jury?
Instead of ordering a new trial, can make or vary an award for damages
What must the court consider if it considers that the appeal is totally without merit?
Record that fact
Consider whether to make a civil restraint order
What is the general rule for the hearing of appeals?
They are reviews of the decision of the lower court
When will an appeal be a rehearing?
when a PD or rule says so
or if the court considers it in the interests of justice to hold a re-hearing
Will the appeal court hear oral evidence?
No - not unless it orders so
Will the appeal court hear new evidence (that was not before the lower court)
No - not unless it orders so
