Dispute Resolution - Appeals

Question 1

Determining court that hears appeal

Answer 1

Depends on judge who made the decision and in which court:

1. District Judge in County Court - appeal will be heard by Circuit Judge in County Court
2. Circuit Judge in County Court - appeal will be heard in the High Court
3. High Court Master - appeal heard in High Court
4. High Court Judge - appeal heard in Court of Appeal by Lord/Lady Justice of Appeal

Question 2

Permission to Appeal

Answer 2

From judge whose decision is being appealed - if they refuse or are not asked the request for permission is made to the court that would hear the appeal

Easiest way is to request permission orally straight after judgment is handed down

Parties have 21 days after judgment handed down to submit notice and written application for permission to appeal setting out the grounds - court has discretion to extend time period

If application for permission is sought from the court which would hear the appeal - can only be applied for in writing

If permission is not granted on written application the appellant has 7 days to request an oral hearing - if permission is not granted on oral application, party has 21 days after refusal to make a written application to the court which would hear the appeal

If 21 day period not met - party must apply to the Court of Appeal and this will be treated as an applicaiton for relief from sanctions rather than as an appeal

Application for permission to appeal and appeal may be considered in a “rolled-up hearing”

Question 3

Grounds for appeal

Answer 3

• Wrong in fact, law or the exercise of discretion
• Unjust because of procedural errors

Question 4

What is ‘wrong’?

Answer 4

• Wrong in fact: e.g. evidence from a witness recorded incorrectly in judgment
• Wrong in law: e.g. misunderstanding the law or considering themselves bound by an authority that is not binding
• Exercise of court’s discretion: discretionary acts can be reviewed. E.g. general rule for awarding costs is losing party pays, however Court can deviate from this rule.

Question 5

Standard of Review

Answer 5

• Not a re-hearing
• No new evidence