Civil Courts: Civil Appeals

Question 1

The person bringing the action is called the what?

Answer 1

• The claimant

Question 2

The person defending the action is called the what?

Answer 2

• The defendant

Question 3

The case has to be proved on what?

Answer 3

• The balance of probabilities (the standard of proof [50% or better chance of winning the case])

Question 4

The burden to prove the case is on who?

Answer 4

• The claimant

Question 5

What is the claimant normally seeking?

Answer 5

• a remedy

Question 6

A remedy could be in the form of what? Give examples of both (2)

Answer 6

• Damages: General including physical injuries and Special involving the replacement of belongings
• Injunctions: an order of court that prevents/stops someone doing something (e.g a restraining order in the context of criminal law)

Question 7

List the criminal law equivalents to the following civil law terms: liable, on balance of probability, claimant, defendant, damages

Answer 7

• Guilty
• Beyond reasonable doubt
• Victim
• Defendant
• Punishment

Question 8

List the civil law equivalents to the following criminal law terms: Guilty, beyond reasonable doubt, victim, defendant punishment

Answer 8

• Liable
• On balance of probabilities
• Claimant
• Defendant
• Damages

Question 9

An appeal from County Court or High Court to the Court of Appeal requires leave from the lower court or Court of Appeal. When will permission to appeal be granted? (2)

Answer 9

• Where the court considers that the appeal would have a real prospect of success (50% or better)
• Where there is some other compelling reason as to why the appeal should be heard (fairness or legal point)

Question 10

The Court of Appeal will allow an appeal where the decision of the lower court was what? (2)

Answer 10

• Wrong, or per incuriam
• Unjust, because of a serious procedural or other irregularity in the proceedings of the lower court (e.g a procedural mistake in CPR interpretation)

Question 11

What powers will the COA have in relation to an appeal?

Answer 11

• The powers of the lower court e.g if an appeal is made from the divisional court to the COA, the COA can award a remedy that the divisional court would have made

Question 12

When is an appeal from the COA to the Supreme Court allowed?

Answer 12

• Where the COA or Supreme Court grants leave to appeal

Question 13

What is the hierarchy of Civil Courts? (8)

Answer 13

1) Supreme Court
2) Court of Appeal
3) High Court
4) Queen’s Bench Division
5) Family Division
6) Chancery Division
7) County Courts
8) Tribunals

Question 14

What is a leap frog appeal?

Answer 14

• When an appeal goes directly from the High Court to the Supreme Court, skipping the Court of Appeal

Question 15

A leap frog appeal can occur in what conditions? (3)

Answer 15

• All parties consent
• A point of law of general public importance is involved or a point on which the trial judge was bound by precedent
• A certificate of the trial judge and leave from the Supreme Court is required

Question 16

When can an appeal be made from Small Claims Court (Tribunals etc) to the County Court? (2)

Answer 16

• If there is a serious irregularity in the proceedings

- If the District Judge at the Small Claims Court made a mistake of law

Question 17

Who is the head of the Queen’s Bench Division? What types of cases does it hear? When is a jury used?

Answer 17

1) President
2) Criminal, Judicial Review
3) Libel/Defamation

Question 18

Who is the head of the Chancery Division? What cases does it hear? When is a jury used?

Answer 18

1) Chancellor of the High Court
2) Property, trust, business
3) Very rarely

Question 19

Who is the head of the Family Division? What types of cases does it hear? When is a jury used?

Answer 19

1) President
2) Divorce, finance, wordship
3) Never

Question 20

What is it that the jury decides? (2)

Answer 20

• Liability

- Quantum