appeals from civil courts Flashcards
on what grounds can a party file for appeal
an error of law
An error of fact
Procedural unfairness
What will the appeal judge depend on?
which track was used and what type of judge heard the original case
if appealing from the small claims track, where will the first appeal be?
Before circuit judge sitting in the county court
if appealing from a fast track case and heard at first instance by district judge, where will the appeal go to?
To a circuit judge in the county court
if appealing from a fast track, and the case was an initially heard before a circuit judge, where will the appeal be heard?
By High Court judge sitting in the High Court
if appealing from a multitrack case, where will the first hearing be
Where the case had originally been heard in the county court
In what circumstances can you have a further appeal to the court of appeal?
In exceptional cases as set out in section 55, access to justice act, 1999
Where will the appeal from the decision in Highcourt be heard?
By the court of appeal, civil division
What will happen if you’re appealing from a decision in the High Court, but the case involves an issue of international importance or raises issues of sufficient warrant
A case can leapfrog the court of appeal and go straight to the Supreme Court
give an example of a case, leapfrogging to Supreme Court
Isle of white v platt
how long does the appellant have to submit their notice?
Within 21 days of the decision
In what circumstances can you appeal from the court of appeal?
if the UKSC gives permission, and the matter is of national importance