Civil Appeals* Flashcards

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1
Q

To which judge do appeals from the County Court (small claims or fast track) go to?

A

Small claims and fast track claims go to a circuit judge.

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2
Q

Which piece of legislation grants some County Court claims to the Court of Appeal.

A

s.5 of the Access to Justice Act 1999 states that some County Court claims can go to the Court of Appeal (on rare occasions).

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3
Q

Which court are Multi-track appeals sent to?

A

High Court to be heard by a High Court Judge.

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4
Q

What is a ‘leap frog’ appeal?

A

When the CA is bound by their previous decisions, the appeal will go to the Supreme Court from the High Court. ‘Leap frogging’ the CA.

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5
Q

What is the one condition for a leap frog appeal?

A

The appeal can only go to the Supreme Court if the case involved a point of law of general public importance.

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6
Q

What does the Court of Appeal hear appeals on?

A

The CA hears appeals:

  • On a point of law
  • On fact
  • The Court of Appeal can adjust the remedy from the original trial.
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7
Q

Which types of claims do the CA deal with?

A

The CA deals with:

  • Multi-track claims from the County Court
  • Appeals from the High Court
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8
Q

Which types of claims does the Supreme Court deal with?

A

The SC deals with:

  • Appeals from the Court of Appeal
  • ‘Leap frog’ appeals from the High Court
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9
Q

True or False? Leave is not required for civil appeals in order to go to the SC.

A

False. Leave is required either from the Court of Appeal or the Sureme Court itself. All cases must involve a point of law of general public importance.

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