CPR 52

Question 1

What is the normal route of appeal from the decision of a county court district judge?

Answer 1

County Court Circuit Judge

Question 2

What is the normal route of appeal from the decision of a county court circuit judge?

Answer 2

High Court Judge

Question 3

Name two instances when an appeal from a county court circuit judge can be heard by the Court of Appeal?

Answer 3

1. The appeal is against a multi track final decision in a Part 7 claim
2. It is a second appeal
3. The appeal raises an important issue of law or procedure or there is some other compelling reason for it to be heard by the Court of Appeal:

Question 4

Max has issued a Part 7 claim for damages against Alex. The claim was allocated to the multi-track. Max applied for summary judgment on the claim which was granted by HHJ Smith. Alex wishes to appeal this decision. Which court should hear Alex’s appeal?

Answer 4

The High Court as summary judgment is not a “final decision”.

Question 5

What is the usual period in which an appeal must be commenced?

Answer 5

Appeal notice must be filed within 21 days of the decision of the lower court

Question 6

Who may grant permission to appeal?

Answer 6

The lower court or the appeal court

Question 7

Who can give permission to appeal from a decision that was itself an appeal

Answer 7

The Court of Appeal only

Question 8

A request for permission to appeal made to the appeal court is usually decided on the papers. What can the appellant do if permission is refused?

Answer 8

Ask for oral

Question 9

If the appeal court refuses permission to appeal after an oral hearing, who hears the appeal against that decision?

Answer 9

No-one

Question 10

Name one circumstance in which permission to appeal is not required?

Answer 10

Where the liberty of the individual is at stake

Question 11

What is the general test governing whether permission to appeal should be granted?

Answer 11

The appeal would have a real prospect of success
or
there is some other compelling reason why it should be heard.
CPR 52.3(6)

Question 12

How soon after it has been filed must an appellant’s notice be served on the respondent?

Answer 12

As soon as practicable and in any event within 7 days of being filed: CPR 52.4(3)

Question 13

In what circumstances does a respondent have to serve notice in an appeal?

Answer 13

If they also want to appeal the decision ( a cross-appeal) • If they want the appeal court to uphold the decision for a different reason.

Question 14

What is the general principal governing whether permission will be given for a second appeal?

Answer 14

Appeal would raise an important point of principle or practice, or there is some other compelling reason for the Court to hear it.

Question 15

What are the three reasons why fresh evidence might be allowed at an appeal?

Answer 15

Evidence could not have been obtained with reasonable diligence for use at the original hearing.
The evidence would probably have had an important influence on the result of the case
The evidence was credible

Question 16

The appeal court will allow an appeal if one of two criteria are met. What are they?

Answer 16

The decision of the lower court was: (a) wrong or (b) unjust because of a serious procedural or other irregularity in the proceedings. CPR 52.11(3)

Question 17

As a general rule the Court of Appeal will not interfere with the exercise of a judge’s discretion. Name three instances when it would make an exception?

Answer 17

Judge taken into account immaterial factors
Judge failed to take into account material factors
Judge has come to a decision that was impermissible.

Question 18

Name three options open to the appeal court if the appeal is successful.

Answer 18

Set aside or vary any judgement or order of the lower court.
• Return any issue or claim for determination by the lower court
• Order a new trial or hearing.

Question 19

Will a stay of the original order normally be granted pending an appeal? When will it be granted?

Answer 19

Not normally

A stay might be appropriate if:

The refusal of a stay would stifle the appeal (e.g. if the appellant would be “ruined” if he had to meet the judgment).

A stay would not be appropriate where It might not be appropriate it would mean that the respondent would be unable to enforce the original judgment if the appeal failed.

Question 20

An appeal is normally limited to a review. When would an appeal by way of a rehearing be considered?

Answer 20

If a practice direction provides otherwise, or if the appeal court considers it would be in the interests of justice.