Civil Appeals Flashcards

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1
Q

Where are the 2 first appeals you can appeal from?

A

The county court and the small claims court

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2
Q

Where are civil appeals routes set out?

A

Part 52 of the Civil Procedure Rules

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3
Q

For a fast track case heard by a district judge who then hears the appeal?

A

Circuit Judge

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4
Q

For fast track appeals heard by a circuit judge who then hears the appeal?

A

High Court Judge

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5
Q

Where are multi track cases heard?

A

In the county court

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6
Q

A multi-track case heard in the county court by a cicuit judge or district judge who then hears the appeal?

A

The court of appeal

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7
Q

When was the right to appeal from the small claims court bought in?

A

October 2000

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8
Q

Why was the right to appeal from the small claims court bought in?

A

To comply with European Convention on Human Rights

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9
Q

What is the route of appeal for fast track cases?

A

The same as county court, the appeal is heard by the next judge up in the hierachy

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10
Q

What are some examples of secondary appeals?

A

Administrative appeals, Asylum & Immigration Appeals, Tax & Chancery Appeals

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11
Q

When is it only acceptable to appeal further to the court of appeal?

A

If the appeal would raise an important point of principle

If there is some other compelling reason for the court of appeal to hear it

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12
Q

Where are the conditions laid out for someone to be able to appeal to the Court of Appeal?

A

S55 Access to Justice Act 1999

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13
Q

Where do appeals from the High Court normally go?

A

Civil division of the Court of Appeal

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14
Q

What is a leapfrog appeal?

A

Appealing straight to the Supreme Court

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15
Q

Why would you use a leapfrog appeal?

A

Under the Administration of Justice Act 1969 where it is only allowed if the point of law is of general public importance

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16
Q

Who do you need permission of to appeal to the supreme court?

A

The supreme court itself

17
Q

What is a further appeal?

A

Appealing to the supreme court from any court only if a point of law is of general public importance

18
Q

Which 2 courts do you need permission from to take a further appeal?

A

Court of Appeal and Supreme Court

19
Q

If a case involves a point of European Law where can it be referred to?

A

The ECJ (European Court of Justice)

20
Q

Under what act can the case be referred to the ECJ?

A

Article 267 of the Treaty of the Functioning of the EU (TFEU)

21
Q

Who can appeal to the ECJ?

A

Any court, the supreme court HAS to when they send on an appeal