Describe appeals and the appellate court in the civil court system Flashcards
What are Appellate Courts?
Appellate Courts are the courts that can hear appeals.
What are the grounds for appeal?
There are 3 potential grounds to appeal: an error of law, an error of fact, or procedural unfairness.
What is an error of law?
An error of law means that the judge had the right information, but applied the law wrongly.
What is an error of fact?
An error of fact means that the judge had the wrong information or interpreted it wrongly.
What does procedural unfairness mean?
Procedural unfairness means that the judge has not followed the relevant rules of procedure when hearing the case.
What is a First Appeal?
A First Appeal can be made from the three tracks.
Where is a Small Claims Track appeal heard?
A Small Claims Track appeal will be before a Circuit Judge sitting in the County Court.
Where is a Fast Track appeal heard?
A Fast Track appeal will be before a Circuit Judge in the County Court if heard by a District Judge, or before a High Court Judge in the High Court if heard by a Circuit Judge.
Where is a Multi Track appeal heard?
A Multi Track appeal will be to the Court of Appeal (Civil Division) but is allowed only in exceptional cases with ‘a compelling reason’ as per s.55 Access to Justice Act 1999.
Where are appeals from the High Court made?
Appeals from the High Court are made to the Court of Appeal (Civil Division).
What is a ‘Leapfrog’ appeal?
‘Leapfrog’ appeals are direct appeals from the High Court to the Supreme Court in exceptional circumstances, such as an issue of national importance, and require leave to appeal.
Where are appeals from the Court of Appeal made?
Appeals from the Court of Appeal (Civil Division) are made to the Supreme Court but require leave and must be of national importance.
