appeals and thw appellate courts in the civil court system Flashcards
what are appellant courts
courts that hear appeals
what are the 3 potential grounds/reasons to appeal
where there was an error of law
an error of facts
procedural unfairness
what is meant by error of law
means the judge had the right information but applied the law wrongly
what is meant by error of facts
means the judge had the wrong information or interpreted them wrongly
what is meant by procedural unfairness
judge has not followed the relevant rules of procedure when hearing the case
what are the 3 tracks that a first appeal can be made from
small claim tracks
fast track
multi track
who will small claim tracks be before
before a circuit judge sitting in the county court
who will Fast track appeal be before if they are heard at first instance by district judge
will be before a circuit judge in the county court
if it is initially heard before a circuit judge the appeal will be heard by a high court judge sitting in the high court
where will multi track appeals be made
to the court of appeal but is allowed only exceptional cases where there is “ A COMPELLING REASON” —> set out s.55 Access to Justice Act 1999
Appeals from high court
made to the court of appeal
in exceptional circumstances such as issue of national importance there may be a leapfrog appeal —> direct from high to supreme court
leave is required
Appeals from the court of appeal (civil)
made to the supreme court but are only available if supreme courts gives leave and matter is of national importance
