Civil Appeals Flashcards
Where are the appeal routes set out?
Part 52 of the Civil Procedure Rules
Who is the appeal heard by for fast track cases heard by a District Judge?
(County Ct)
Heard by a Circuit Judge
Who is the appeal heard by for fast track cases heard by a Circuit Judge?
(County Ct)
High Ct Judge
Who is the appeal heard by for multi-track cases heard in the County Ct? (2)
By either a Circuit Judge or a District Judge
Appeal goes to the CA
When was the right to appeal from the small claim track introduced?
Why was this?
Brought in October 2000
IOT comply with the ECHR
The appeal route = same as for fast track cases
What is the appeal route for small claim cases?
Same for fast track cases
- appeal = to next judge up in hierarchy
Is there a possible 2nd appeal?
Yes, in exceptional cases there is a possible further appeal to the CA
Provided certain conditions are met under s55 Access to Justice Act 1999
Where can the conditions for a 2nd appeal be found?
Under s55 Access to Justice Act 1999
What are the conditional under s55 for a 2nd appeal to be made? (2)
s55 says an appeal to the CA cannot be made unless the CA considers that:
- Appeal would raise an important point of principle/ practice
OR - = some other compelling reason for the CA to hear it
Where do appeals from the High Ct go to?
Usually to the CA (Civil division)
= rare cases where there may be a ‘leapfrog’ appeal straight to the Supreme Ct under the Administration of Justice Act 1969
such an appeal = only allowed on a point of law of general public importance
Permission from the Supreme Ct = needed
Is it possible for appeals from the High Ct to ‘leapfrog’ the CA and go straight to the Supreme Ct?
Yes, but its rare
Under Administration to Justice Act 1969
BUT such an appeal is only allowed on a point of law of general public importance
Permission form the Supreme Ct = needed
What happens when a point of EU law is involved?
Case may be referred to the European Ct of Justice under Art 267 of the Treaty of the Functioning of the EU
Appeal to the ECJ may be made form ANY Ct, not just Supreme Ct
Supreme Ct MUST refer a pint of EU law
