civil appeals and evaluation Flashcards
when do they need to be submitted by (how long)
up to 21 days after decision made
is there an automatic right to appeal
no permission needs to be given
this is generally only given when it is likely the appeal will succeed
what must the appeal be based on (3)
error of law- the judge who made the decision interpreted the law incorrectly
error of fact- either the judge didn’t understand the facts correctly, or the parties did not submit all of the facts correctly in the first trial
procedural unfairness- some element of the trial procedure unfairly affected one of the parties. This may include that they were not given time to put their case forward, or that there is found to be some bias such as a connection with the judge and one of the parties
what does the first appeal hearing depend on
the “track” the case was allocated to, and where the initial case was heard
if its a small claims track where would the original hearing be
Small Claims Track
County court/ district judge
if its a fast claims track where would the original hearing be
County court/ district judge
or county court/circuit judge
if its a multi track case where would the original hearing be
High court or county court/ high court judge or circuit judge
if its a small track case where would the first hearing be
County court/circuit judge
if its a fast track case where would the first hearing be
County court/ circuit judge
High court/ high court judge
if its a multi track case where would the first hearing be
Court of appeal only if conditions are met
if needed, where is the second appeal held
court of appeal
what act is needed for the second appeal
Access to Justice Act 1999, s.55
what does this act mean
an appeal of a civil case to the court of appeal (civil division) is only allowed if permission is granted by the court of appeal
permission will be granted of
the case raises an important point of law
or
the court feels there is another compelling reason to allow the appeal
in what type of case does these rules apply to the first hearing
multi track
appeals to the supreme court
A final appeal to the Supreme Court (formerly House of Lords) will only be allowed in exception circumstances. It must be a case of public/national importance, and the Supreme Court must give their permission which is why they see around200 per year
