Civil Appeals Flashcards
Where are the 2 first appeals you can appeal from?
The county court and the small claims court
Where are civil appeals routes set out?
Part 52 of the Civil Procedure Rules
For a fast track case heard by a district judge who then hears the appeal?
Circuit Judge
For fast track appeals heard by a circuit judge who then hears the appeal?
High Court Judge
Where are multi track cases heard?
In the county court
A multi-track case heard in the county court by a cicuit judge or district judge who then hears the appeal?
The court of appeal
When was the right to appeal from the small claims court bought in?
October 2000
Why was the right to appeal from the small claims court bought in?
To comply with European Convention on Human Rights
What is the route of appeal for fast track cases?
The same as county court, the appeal is heard by the next judge up in the hierachy
What are some examples of secondary appeals?
Administrative appeals, Asylum & Immigration Appeals, Tax & Chancery Appeals
When is it only acceptable to appeal further to the court of appeal?
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
Where are the conditions laid out for someone to be able to appeal to the Court of Appeal?
S55 Access to Justice Act 1999
Where do appeals from the High Court normally go?
Civil division of the Court of Appeal
What is a leapfrog appeal?
Appealing straight to the Supreme Court
Why would you use a leapfrog appeal?
Under the Administration of Justice Act 1969 where it is only allowed if the point of law is of general public importance
Who do you need permission of to appeal to the supreme court?
The supreme court itself
What is a further appeal?
Appealing to the supreme court from any court only if a point of law is of general public importance
Which 2 courts do you need permission from to take a further appeal?
Court of Appeal and Supreme Court
If a case involves a point of European Law where can it be referred to?
The ECJ (European Court of Justice)
Under what act can the case be referred to the ECJ?
Article 267 of the Treaty of the Functioning of the EU (TFEU)
Who can appeal to the ECJ?
Any court, the supreme court HAS to when they send on an appeal
