Appeals and Appellate Courts Flashcards
Appellate Courts
They are courts that can hear appeals
What are the 3 potential reasons to appeal?
Error of law, Error of fact, Procedural Unfairness
Error of law
The judge had the right information but applied the law the wrong way
Error of facts
The judge had the wrong information/facts or interpreted them wrongly
Procedural Unfairness
The judge has not followed the relevant rules of procedure when hearing the case
Which Tracks can a First Appeal be made from?
All 3 tracks
Who will hear the appeal for Small Claims Track
It willl be before a Circuit Judge sitting in the County Court
Who willl hear the appeal for Fast Track cases?
If cases was heard in first instance by District Judge, a Circuit Judge will hear the appeal. But if Circuit Judge heard the case in first instance, then the appeal will be heard by a High Court Judge sitting in the High Court.
Who will hear appeals from Multi Track Cases?
Cour of Appeal (Civil Division)
When can a Multi Track case be heard by the Court of Appeal?
Only in exceptional cases where there is a “compelling reason” as set out in S.55 Access to Justice Act 1999.
Where are appeals made for High Courts?
Court of Appeal (Civil Division)
Give an example of an exceptional case for HIgh Court.
Such as an issue of national importance
What is it called when an appeal goes directly for High Court to Supreme Court?
Leap Frog
When can a Leap frog be allowed?
Leave (permission) to appeal is required.
Where do appeal go to from the Court of Appeal?
Supreme Court
When can a case go to Supreme Court from CoA?
If Leave is given by the Supreme Court and if it is a matter of national importance.
