Appellate Courts Flashcards
What are the 3 main appellate courts?
- Divisional courts
- Courts of appeal
- Supreme Court
For most appeals , how many judges from the particular division will sit together to hear the case?
2-3
Which the most important divisional court ?
Queens Bench Division
Briefly, what are the 2 main functions of the Queens Bench Division ?
1) Hears appeals
2) It has supervisory powers
What are the QBD’s supervisory powers as one of its main functions?
-It has supervisory powers over inferior courts and tribunals,public bodies and Government ministers,
process known as ‘judicial review’
What is the QBD given in order to perform a ‘judicial reform’?
‘prerogative orders’
What are the QBD’d prerogative orders?
- prohibition order
- quashing order
- to prevent inferior courts from hearing a case in which they have no power to deal with
- quashing order which removes the decision to the QBD so that its legality can be enquired into and the decision quashed if found invalid
What else does the QBD hear applications for?
Habeas Corpus
When do QBD hear applications for habeas corpus?
from those who allege that they are being unlawfully detained , important in protecting the right to liberty
How many Lord Justices of Appeal are there?
38
What is the main appellate court for civil cases?
The Court of Appeal civil division
Who heads the Court of Appeal civil division?
the Master of Rolls
Which 3 courts does the Court of Appeal civil division mainly hear appeals from?
- all 3 divisions of the High Court
- the County Court for multi-track cases
- the Upper Tier Tribunal
Who grants permission to appeal ?
Granted by the lower court where the decision was made, or by the Court of Appeal
When will permission be granted?
Where the court considers that an appeal would have a real prospect of success or that there are some other compelling reason why the appeal should be heard
When is permission to appeal not required?
in cases where the liberty of the individual is in issue such as an appeal against a committal to prison for breaking an injunction
What courts does the Supreme Court hear appeals from?
- Court of Appeal
- Divisional Courts
- High Court under the ‘leapfrog’ provision
Who are appeals in the Supreme Court heard by?
Justices of the Supreme Court who must sit in an uneven number
Who grants permission to appeal to the Supreme Court?
-Supreme Court
OR the lower court
Who must give permission in leap frog cases?
- Supreme Court must grant permission
- the trial judge must grant a certificate of satisfaction
When will leapfrog cases be appealed to the Supreme Court ?
if the case involves a point of law go general public importance which either
-involves the interpretation of a statute
or
-is one where the trial judge is bound by a previous decision
Leapfrog cases are rare, with permission to appeal being asked for in only, how many times a year?
2-3 times
On average, how many appeals are heard by the Supreme Court per year involving civil law?
usually c60
about 60 appeal cases are heard by the UKSC per year, what are 3/4 of these involving?
involving a question of statutory interpretation
