Civil Appeals Flashcards
Where are the appeal routes set out?
S52 of the civil procedure rules 1997
What does s52 of the civil procedure rules 1998 set out?
The appeal routes
If it is a fast track case which was heard by a district judge who hears the appeal?
A circuit judge
If it is a fast track case which was heard by a circuit judge who hears the appeal?
A high court judge
If a multi track case is heard in the crown court where is the appeal heard?
In the court of appeal (for multi track cases it does not matter which judge initially heard the case)
When was the right for small claims to appeal introduced?
In October 2000
Why was the right fit small claims to appeal introduced?
In order to comply with the European convention on human rights
What is the general principle for appeal routes?
The judge above the judge who initially heard the case in the hierarchy will hear the appeal
Where is a second appeal heard?
They appeal to the court of appeal
Why may there be a second appeal?
In exceptional cases which meet the conditions set out in s55 of the access to justice act 1999
What does s55 of the access to justice act 1999 set out?
An appeal cannot be made to the court of appeal unless:
The appeal would raise an important point of principle
There is some other compelling reason for the court of appeal to hear it
Where are appeals from the high court heard?
The civil division of the high court
In rare instances there may be a leapfrog appeal straight to the Supreme Court
What allows for a leapfrog appeal?
The administration of justice act 1969. However permission from the Supreme Court is required
What act was made in 1969?
The administration of justice act
When was the administration of justice act created?
1969
What does the administration of justice act 1969 allow for?
A leapfrog appeal - an appeal straight from the high court to the Supreme Court of justice
What is required for a leapfrog appeal and/or a further appeal to the Supreme Court?
A leapfrog appeal is only allowed if the case involves a point of law of general public importance and permission from the Supreme Court (Supreme Court only for leapfrog appeals) or court of appeal is required
What does article 267 of the treaty of the functioning of the eu allow?
A case to be referred to the European court of justice if it is a point of European law
Where can appeals to the ECJ come from?
Any court
What is required for an appeal to the European court of justice?
The case must refer to a point on European law
