appeals from civil courts (section a - criminal courts and lay people)

Question 1

What are the circumstances under which a party can appeal in civil cases?

Answer 1

• On a point of law
• A dispute on the amount of damages awarded
• The facts of the case

Question 2

Is there an automatic right to appeal in civil cases?

Answer 2

No

Question 3

What is ‘leave to appeal’ in civil cases?

Answer 3

permission that the claimant must get in order to appeal in civil cases. The right to appeal will only be granted if there is a real chance of success.

Question 4

What is the general starting point for appeal in the County Court?

Answer 4

the case will go to a more senior judge within that court before it goes to a higher court.

Question 5

Small claims in the County Court go to?

Answer 5

District to Circuit Judge in County Court

Question 6

Fast track cases heard by District judge go to?

Answer 6

Circuit judge

Question 7

Fast track cases heard by Circuit judge go to?

Answer 7

High court judge in High court
— possibility of second appeal to CoA (Civil Division) but under s.55 ATJ Act 1999 only in rare circumstances

Question 8

Multi track cases in County court go to?

Answer 8

direct to CoA

Question 9

High court go to?

Answer 9

CoA Civil Division

Question 10

What is a ‘leap-frog’ appeal?

Answer 10

A ‘leap-frog’ appeal is when the appellant may ask for permission to go directly to the Supreme Court in rare cases where the Court of Appeal is already bound by one of their past decisions. This is only allowed if the case involved a point of general public importance.

Question 11

From court of appeal?

Answer 11

Supreme court
— leave to appeal needed from CoA or SC — only granted if point of law of general public importance involved

Question 12

Can a case go on appeal to the Court of Justice of the European Union?

Answer 12

Yes for clarification of any point of European law