Appellate Courts

Question 1

What are the 3 main appellate courts?

Answer 1

• Divisional courts
• Courts of appeal
• Supreme Court

Question 2

For most appeals , how many judges from the particular division will sit together to hear the case?

Answer 2

2-3

Question 3

Which the most important divisional court ?

Answer 3

Queens Bench Division

Question 4

Briefly, what are the 2 main functions of the Queens Bench Division ?

Answer 4

1) Hears appeals

2) It has supervisory powers

Question 5

What are the QBD’s supervisory powers as one of its main functions?

Answer 5

-It has supervisory powers over inferior courts and tribunals,public bodies and Government ministers,
process known as ‘judicial review’

Question 6

What is the QBD given in order to perform a ‘judicial reform’?

Answer 6

‘prerogative orders’

Question 7

What are the QBD’d prerogative orders?

• prohibition order
• quashing order

Answer 7

• 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

Question 8

What else does the QBD hear applications for?

Answer 8

Habeas Corpus

Question 9

When do QBD hear applications for habeas corpus?

Answer 9

from those who allege that they are being unlawfully detained , important in protecting the right to liberty

Question 10

How many Lord Justices of Appeal are there?

Answer 10

38

Question 11

What is the main appellate court for civil cases?

Answer 11

The Court of Appeal civil division

Question 12

Who heads the Court of Appeal civil division?

Answer 12

the Master of Rolls

Question 13

Which 3 courts does the Court of Appeal civil division mainly hear appeals from?

Answer 13

• all 3 divisions of the High Court
• the County Court for multi-track cases
• the Upper Tier Tribunal

Question 14

Who grants permission to appeal ?

Answer 14

Granted by the lower court where the decision was made, or by the Court of Appeal

Question 15

When will permission be granted?

Answer 15

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

Question 16

When is permission to appeal not required?

Answer 16

in cases where the liberty of the individual is in issue such as an appeal against a committal to prison for breaking an injunction

Question 17

What courts does the Supreme Court hear appeals from?

Answer 17

• Court of Appeal
• Divisional Courts
• High Court under the ‘leapfrog’ provision

Question 18

Who are appeals in the Supreme Court heard by?

Answer 18

Justices of the Supreme Court who must sit in an uneven number

Question 19

Who grants permission to appeal to the Supreme Court?

Answer 19

-Supreme Court

OR the lower court

Question 20

Who must give permission in leap frog cases?

Answer 20

• Supreme Court must grant permission

- the trial judge must grant a certificate of satisfaction

Question 21

When will leapfrog cases be appealed to the Supreme Court ?

Answer 21

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

Question 22

Leapfrog cases are rare, with permission to appeal being asked for in only, how many times a year?

Answer 22

2-3 times

Question 23

On average, how many appeals are heard by the Supreme Court per year involving civil law?

Answer 23

usually c60

Question 24

about 60 appeal cases are heard by the UKSC per year, what are 3/4 of these involving?

Answer 24

involving a question of statutory interpretation