Appeals (Syllabus 24)

Question 1

What courts do the rules on appeals apply to?

Answer 1

CoA civil division, the High Court and the County Court

Question 2

What does appeal mean?

Answer 2

appeal by way of case stated

Question 3

When does an appellant or respondent require permission to appeal?

Answer 3

where the appeal is from a decision of a judge in the County Court or the High Court, or to the Court of Appeal from a decision of a judge in the family court.

Except where the appeal is against-

(1) a committal order
(2) a refusal to grant habeas corpus or
(3) a secure accommodation order.

Question 4

Where may an application for permission to appeal be made?

Answer 4

(1) to the lower court at the hearing at which the decision to be appealed was made; or
(2) to the appeal court in an appeal notice

Question 5

If a lower court refuses an application for permission to appeal, how can an applicant appeal?

Answer 5

through a further application for permission made to the appeal court

Question 6

If a lower court refuses permission to appeal what must the order specify?

Answer 6

the court to which any further application for permission should be made and the level of judge who should hear the application.

Question 7

How will a court other than the CoA consider an application for permission to appeal?

Answer 7

on paper without a hearing unless the court otherwise directs.

Question 8

If the County Court or High Court refuse permission without a hearing what can the person seeking the permission do?

Answer 8

request that the decision be reconsidered at an oral hearing.

Question 9

What can a judge of the High Court, a Designated Ciil Judge or a Specialist Circuit Judge do when they refuse permission to appeal?

Answer 9

they can make an order that the person seeking permission may not request the decision to be reconsidered at an oral hearing if they consider that the application is totally without merit.

Question 10

Which types of judges can order that there can be no oral reconsideration of the application for permission to appeal, due to the lack of merit of the appeal?

Answer 10

a judge of the High Court, a Designated Civil Judge or a Specialist Circuit judge

Question 11

When should a request for reconsideration at an oral hearing be filed?

Answer 11

within 7 days after service of the notice that permission has been refused.

Question 12

What is the test for second appeals?

Answer 12

permission to appeal will not be given unless the court considers that the appeal would have a real prospect of success and raise an important point of principle or practice or there is some other compelling reason for the CoA to hear it.

Question 13

Is permission required for second appeals, and if so who from?

Answer 13

Yes, permission is required from the CoA for any appeal to that court from a. decision of the County Court, the family court or the High Court which was itself made on appeal.

Question 14

What is an appellant’s notice?

Answer 14

where the appellant seeks permission from the appeal court, it must be requested in the appellant’s notice.

Question 15

When must the appellant’s notice be filed at the appeal court?

Answer 15

in the period directed by the lower court or 21 days after the date of the decision of the lower court which is being appealed.

Question 16

when must the appellant’s notice be served on each respondent?

Answer 16

as soon as is practicable but not later than 7 days after it is filed.

Question 17

If an appellant seeks permission to appeal against a decision to refuse to grant an interim injunction under s.41 PCA 2009 what is the effect on the appellant notice?

Answer 17

the appellant is not required to serve the appellant notice on the respondent.

Question 18

Does a respondent have to file and serve a respondent’s notice?

Answer 18

No but they may if they choose to.

Question 19

When must a respondent file a respondent’s notice?

Answer 19

where the respondent is seeking permission to appeal from the appeal court; or wishes to ask the appeal court tot uphold the decision of the lower court for reasons different from or additional to those given by that lower court.

Question 20

When must a respondent’s notice be filed?

Answer 20

within the period directed by the court, or 14 days after the respondent is served with the appellant notice

Question 21

When is a respondent served with the appellant’s notice?

Answer 21

on the date where permission to a appeal was given by the lower court or permission to appeal is not required.

Question 22

when must the respondent’s notice be served on the other parties?

Answer 22

as soon as practicable and in any event not later than 7 days after it is filed.

Question 23

Can transcripts be obtained at public expense for the purposes of appeal?

Answer 23

Yes but the court must be satisfied that-

(1) the applicant qualifies for fee remission or is otherwise in such poor financial circumstances that the cost of obtaining a transcript would be an excessive burden; and
(2) it is necessary in the interests of justice for such a transcript to be obtained.

Question 24

Can the time limit for filing an appeal notice be varied?

Answer 24

yes on application to the appeal court.

Question 25

Will the appeal operate as a stay of any order or decision of the lower court?

Answer 25

No, not unless the appeal court or the lower court orders otherwise; or the appeal is from the Immigration and Asylum Chamber of the Upper Tribunal.

Question 26

What powers does an appeal court have?

Answer 26

the appeal court has all of the powers of the lower court and can-

(1) affirm, set aside or vary any order or judgment made or given by the lower court
(2) refer any claim or issue for determination by the lower court
(3) order a new trial or hearing
(4) make orders for the payment of interest
(5) make a costs order

Question 27

What must the appeal court do if it strikes out, refuses an application for permission or dismisses an appeal and condors that the appellant’s mptoce os totally without merit?

Answer 27

it must record the fact that it considers the application, the appellant’s notice or the appeal to be totally without merit; and
the court must consider whether it is appropriate to make a civil restraint order.

Question 28

How will an appeal be heard?

Answer 28

every appeal will be limited to a review of the decision of the lower court unless a PD makes a different provision or the court considers that it is in the interest of justice to hold a re-hearing in the circumstances of an individual appeal.

Question 29

What won’t the appeal court receive?

Answer 29

oral evidence or evidence which was not before the lower court (unless ordered otherwise).

Question 30

When will the appeal court allow an appeal?

Answer 30

where the decision of the lower court was wrong or unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

Question 31

What inferences can the appeal court draw?

Answer 31

any inference of fact which it considers justified on the evidence.

Question 32

At an appeal hearing can a party rely on any matters not included in the appeal notice?

Answer 32

Not unless the court gives permission

Question 33

When does the general rule that appeals are limited to a review not apply.

Answer 33

If statutes require for an appeal to take place by rehearing, if a PD provides otherwise, or the court considers that it would be in the interests of justice to hold a re-hearing

Question 34

Should the court set out its reasons for a decision?

Answer 34

Yes, otherwise it makes a review of the court’s decision difficult upon appeal.

Question 35

What are the four principles when considering the difference between review and re-hearing?

Answer 35

(1) the precise meaning and application of review and re-hearing will depend upon the circumstances of the case.
(2) rehearing means a re-hearing in the fullest sense of the word.
(3) review is not to be equated with judicial review
(4) the power of the appeal court to receive fresh evidence arises both on a re-hearing and a review.

Question 36

What section of the Access to Justice Act 1999 enables the Lord Chancellor by Order to specify the destinations of appeals?

Answer 36

section 56

Question 37

What power does s.56 Access to Justice Act 1999 confer?

Answer 37

it enables the Lord Chancellor by Order to specify the destinations of appeal in different cases.

Question 38

What would be the destination of appeal if the case took place in the County Court in front of a District judge?

Answer 38

the case would appear before a circuit judge in the County Court

Question 39

Where would an appeal against a decision in the County Court in front of a Circuit Judge appear?

Answer 39

before a High Court judge

Question 40

Where would an appeal from a decision of a Master, Registrar or District judge in the High Court appear?

Answer 40

before a High Court judge

Question 41

where would an appeal against a decision of a High Court judge in the High Court appear?

Answer 41

in the CoA

Question 42

Where would an appeal against a decision of a District Judge in the Intellectual Property Enterprise Court appear?

Answer 42

in front of an enterprise judge

Question 43

Where would an appeal against a decision of an Enterprise Judge in the Intellectual Property Enterprise Court appear?

Answer 43

in the CoA

Question 44

For insolvency proceedings, where would an appeal against the decision of a District judge in the County Court appear?

Answer 44

before a High Court Judge (if it is corporate insolvency, could also be a Registrar).

Question 45

For insolvency proceedings, where would an appeal against the decision of a Circuit judge in the County Court appear?

Answer 45

before a High Court judge

Question 46

For insolvency proceedings, where would an appeal against the decision of a District judge/Master/Registrar in the High Court appear?

Answer 46

before a High Court judge

Question 47

For insolvency proceedings, where would an appeal against the decision of a High Court judge in the High Court appear?

Answer 47

before the CoA

Question 48

In Family proceedings, where would an appeal of a decision of a District judge appear?

Answer 48

before a high court judge (family division).

Question 49

In Family proceedings, where would an appeal of a decision of a High Court judge (family division) appear?

Answer 49

in the CoA

Question 50

What happens when an appellant files the appellant notice in the wrong court?

Answer 50

a court officer may notify that party in writing that the appeal court does not have jurisdiction in respect of the notice. They first must confer with a judge of the appeal court or if CoA, with a court officer who exercises jurisdiction of that court.

Question 51

If there is an appeal from a Master, who must it be heard by?

Answer 51

applications for permission to appeal must be heard by a Group A judge.

If permission is granted the appeal must be heard by a Group A judge or a Group B judge in if they are authorised to hear the appeal.

Question 52

In relation to appeals from from Registrars who must applications for permission to appeal be heard by?

Answer 52

A group A judge

Question 53

For permission to appeal from District judges of the High Court who can hear applications for permission to appeal?

Answer 53

a Group A judge

Question 54

For permission to appeal from District judges of the High Court who can hear the appeal?

Answer 54

A Group A judge, Group C Judge or in exceptional circumstances a Group D judge.

Question 55

Where the lower court is the County Court who must hear an application for permission to appeal?

Answer 55

a Group A judge

Question 56

Where the lower court is the County Court can hear the appeal?

Answer 56

(1) where the appeal is from a Recorder, a Group A or in exceptional circumstances a Group C judge.
(2) in all other cases, a Group A judge, or in exceptional circumstances a Group D judge.

Question 57

Who must hear appeals where the appeal centre is the Royal Court of Justice?

Answer 57

the Registrar

Question 58

If there is an appeal from a. District Judge in proceedings brought pursuant to the Companies Act how will an appeal to the High Court be dealt with?

Answer 58

the application for permission to appeal would be heard in-

(a) if the appeal centre is the RCJ, by a salaried Registrar in Bankruptcy; or
(b) in any other appeal centre, by a Group C judge or Group A judge provided that the judge is one who could hear the appeal.

Question 59

Who hears appeals in the County Court?

Answer 59

Circuit judges and recorders.

Question 60

What can the court take into account when the application for permission to appeal is from a case management decision?

Answer 60

(1) the issue is of sufficient significance to justify the costs of an appeal
(2) the procedural consequences of an appeal outweigh the significance of the case management decision
(3) it would be more convenient to determine the issue at or after trial

Question 61

What is the purpose of a skeleton argument?

Answer 61

to assist the court by setting out as concisely as practicable the arguments upon which a party intends to rely

Question 62

What must a skeleton argument do?

Answer 62

(1) be concise
(2) define and confine the areas of controversy.
(3) be set out in numbered paragraphs
(4) be cross-references to any relevant document in the bundle
(5) be self-contained and not incorporate by reference material from previous skeleton arguments.
(6) not include extensive quotations from documents or authorities.

Question 63

What is the relevance of costs and skeleton arguments?

Answer 63

the cost of preparing a skeleton argument which does not comply with the requirements set out in PD52A or was not filed within the time limits provided will not be allowed on assessment except as directed by the court.

Question 64

What should a statement of costs show for the skeleton argument?

Answer 64

the amount claimed for the skeleton argument separately.