Appeals Flashcards
1
Q
CC DJ
A
CC HHJ
2
Q
HC Master
A
HC Judge
3
Q
HHJ
A
HC Judge
4
Q
HC Judge
A
CA
5
Q
CA
A
SC
6
Q
Automatic appeals to the CA
A
- Final decisions in Part 7 MT claims
- Final decisions in Companies Act claims
- Contempt findings in CC
7
Q
Second appeals
A
Always to CA
8
Q
Time for appeal
A
21 days from decision of lower court
9
Q
Appeal permission test
A
- Real prospect of success
- Some other compelling reason
10
Q
Procedure
A
1) From judge below
2) Renew the application to appeal court
3) Seek a hearing
11
Q
Appellant’s notice on form…
A
…N161
- respects in which the LC judgment was wrong/unjust
12
Q
Materials to be filed with appellant’s notice
A
- 3 copies of the notice
- Sealed copy of order being appealed
- Copy of order granting permission from LC
- Grounds of appeal
- Skeleton (always in CA)
- Transcript (always in CA)
- First order (in CA 2nd appeals)
13
Q
Skeleton argument must:
A
- State reasons why decision is wrong
- Not exceed 25 pages
- Be on A4 paper, 12 point font, 1.5 line spacing
- Self-contained
- Not include extensive quotations from authority
14
Q
Application bundle
A
- 35 days after filing appellant’s notice
- Copy of A’s notice, R’s notice, skeletons, order under appeal, etc.
15
Q
Respondent’s notice
A
- If R wishes to ask appeal court to uphold/vary for different reasons
- Within 14 days
- Served on parties ASAP and within 7 days of filing
