Disputes - Appeal (Post-Trial) (18) Flashcards
What is an appeal?
Appeal: Unsuccessful parties can seek to appeal a judgment. The appeals system serves to maintain public confidence by remedying mistakes and developing the law, and private confidence by righting wrongs done to individual litigants.
What is a leapfrog appeal?
Leapfrog Appeals: Permission may also be granted to ‘leapfrog’ the default appeal court to a higher court in the chain.
What grounds need to be satisified at an appeal hearing and who has the burden of proof?
Appeal: The substantive appeals hearing will occur if permitted.
Burden of Proof: The appellant has the burden to prove that the original decision satisfied one of the following grounds in order to be successful.
Grounds:
(1) Wrong Decision: The original decision was wrong (to law, interpretation of facts, or exercise of discretion).
(2) Unjust Decision: The original decision was unjust (due to serious procedural irregularity).
What are the grounds for permission to appeal of a first instance judgment?
(1) Real Prospect of Success: Appeal has a real prospect of success, meaning more than fanciful. This is not the same as a good prospect of success.
(2) Other Compelling Reason: Appeal may have another compelling reason to proceed, such as questioning an important point of law, or a matter in the public interest.
How is permission obtained for appeal of a first instance judgment?
(1) Trial Judge: Permission can be sought from the trial judge at the end of the original trial. This is common.
(2) Appeal Court: Permission can be sought from the court in which an appeal would take place. This is made by paper notice alongside supporting documents, and is usually granted without a hearing.
If a matter is heard at first instance by a District Judge in the County Court, who will hear the matter on appeal and what is the appeal court?
A Circuit Judge in the County Court
If a matter is heard at first instance by a Circuit Judge in the County Court, who will hear the matter on appeal and what is the appeal court?
A Judge in the High Court
If a matter is heard at first instance by a Master Judge in the High Court, who will hear the matter on appeal and what is the appeal court?
A Judge in the High Court
If a matter is heard at first instance by a District Judge in the High Court, who will hear the matter on appeal and what is the appeal court?
A Judge in the High Court
If a matter is heard at first instance by a Judge in the High Court, who will hear the matter on appeal and what is the appeal court?
A Lord Justice in the Court of Appeal
What is the limitation period for seeking permission to appeal from a trial judge?
If seeking permission directly from the trial judge this needs to be sought immediately on conclusion of a trial. If this is not done or permission is refused by the trial judge, the party can still seek permission to appeal from the appeal court (varies) depending on where the case was heard at first instance. The party has 21 days to do so.
What is the limitation period for seeking permission to appeal from an appeal court if the first instance case was heard in the County Court or High Court?
Within 21 days of original judgment.
First appeal
Will a hearing be held to determine whether permission to appeal is given?
Generally no. However, if permission is denied initially, a party can request a hearing for permission to apply in the County Court and High Court. The Court of Appeal will also generally not hold a hearing to decide permission but if it cannot decide it will host a hearing within 14 days of judgment.
Is it usual to get a second appeal?
Unsuccessful appeals can rarely be appealed a second time, to the Court of Appeal, or if from the Court of Appeal, to the Supreme Court (very rare).
What are the grounds for seeking permission to appeal a second time?
This requires one of the original two grounds (a. real prospect of sucess and b. other compelling reason) and an ‘important point of principle or practice’.
