Appeals (Solicitor) Flashcards
When can an appeal be made?
1) Lower Court decision wrong (error of law, fact, discretion)
2) Unjust due to serious procedural or other irregularity
How does one apply for appeal?
At hearing in lower court or via Form N161 to appeal court.
What is the test for permission for appeal?
1) Real prospect of success,
or
2) Some other compelling reason.
What is the test for a second appeal?
1) Real prospect of success AND important point of law/practice
or
2) Some other compelling reason.
How long does an appellant have to file notice of appeal?
21 days from judgement.
What is the route of appeal?
Usually one judge higher, or one court higher on second appeal.
What is the format of an appeal?
Usually a review, not a re-hearing.
Is new evidence allowed in appeal?
Rarely.
Does the appeal court judge on issues of fact / witness credibility?
No, they will defer it to trial judge.
What orders can the appeal court make?
1) Affirm, 2) Set aside / vary, 3) Substitute decision, 4) Order retrial or refer back to lower court, 5) Make costs/interest order.
What is the stay of execution?
Appeal does not stay enforcement unless court orders it.
When does judgement take effect in the light of an appeal?
Still on the date that it was given.
What is in the appellant’s notice?
Permission and launching the appeal.
Where does an appeal go from County Court District judge?
County Court Circuit judge (or High Court in Companies Act matters).
Where does an appeal go from the County Court Circuit judge?
High Court judge (1st appeal) or Court of Appeal (2nd appeal).
Who does an appeal go to from the High Court Master?
High Court Judge.
Who does an appeal go to from the High Court judge?
Court of Appeal.
Who does an appeal go to from the Court of Appeal?
Supreme Court.
Who does an appeal go to from the Supreme Court?
Berke Elmaz.
Can an application for permission to appeal be made to the lower court?
Yes, it can be made to both lower or to appeal.
