Civil Appeals Flashcards
Where are they set out?
In the civil procedure rules 1999 part 52
Where do small claims and fast track appeals go?
Tried initially by circuit judge are appealed to be heard by a high court judge
Any 2nd appeal from small claims goes to the court of appeal though permission is rarely granted
Where do multi track cases go?
Tried in county court, have their appeal go to the next level judge, any second appeal goes straight to court of appeal
Multi track cases heard in high court do a “leap frog” straight to Supreme Court if it’s a case of public importance.
Is permission needed?
Yes- permission is needed to make any civil appeal, can be granted by trial court or intended appeal court. Permission only granted if: a real prospect of success or some other compelling reason.
What’s an article 267 reference?
Sending a reference to court of justice of the European Union for preliminary ruling on meaning of EU law, they clarify meaning and return it to English court who then decide the case.
