Appeals & Enforcement

Question 1

Ladd v Marshall

Answer 1

Fresh evidence will not be allowed unless it could have not been obtained with reasonable diligence for us int eh lower court, would probably have an important influence on the result and is apparently credible

Question 2

General rule

Answer 2

You need permission to appeal and (apart from Supreme court where time limitations are different) you have 21 days from the original decision to appeal (CPR 52.12(2)(b)).

Question 3

Appeal from…. who do you appeal to?

Answer 3

County Court District Judge –> Country Court Circuit Judge
Country Court district Judge dealing with insolvency brought pursuant to CA 06 –> High Court
County court Circuit Judge –> High Court
High Court Master –> High Court Judge
High Court Judge –> Court of Appeal

Question 4

Test for granting appeals

case

Answer 4

Permission will only be granted where court considers:
- that the appeal would have reasonable prospect of success
- there is some other compelling reason why the appeal should be heard
(very similar to Swain v Hillman test for summary judgement)

Question 5

Enforcement - which court to proceed in?

Answer 5

Outstanding debt Sum:
Up to 600 –> County Court (who gives warrant of control)
Between 600 and 5000 –> Can use either High Court or County Court
More than 5000 –> High Court (gives writ of control)