DR 15 Flashcards
What is the destination of appeal where the judgment was delivered by:(1) District Judge(2) Circuit Judge(3) Master of the High Court(4) High Court Judge?(5) Lord Justice of Appeal
- Circuit Judge2. High Court Judge3. High Court Judge4. Lord Justice of Appeal5. Justice of Supreme CourtNote: focus on the judge not the court they were sitting in
Is there an automatic right to appeal in civil cases?
No
To where can a party make an application for permission to appeal?
- Lower court where the decision was made2. To the appeal court
What are the two grounds to appeal a decision of a lower court?
- Decision is wrong in fact, law, or the exercise of the court’s discretion2. Decision is unjust due to serious procedural or other irregularity
Within what time limit must a party seek permission to appeal and when does this time begin to run?
Within 21 days of the date the judgment or order they are seeking to appeal was handed down
Can an application for permission be made orally?
Yes, it can be made immediately after the judge has made the decision or given the order
Is it possible to apply to the court for more time to appeal?
Yes
Are appeal applications held without a hearing?
Yes
If appeal is not granted, within what time limit of the order refusing permission can the party request to have an oral hearing, and is the court required to grant this request?
7 days. Court not required to grant.
What is the consequence of not seeking permission from a lower court, and not requesting a time extension?
After 21 days, they can no longer make an application to the court for permission to appeal (note, they can apply to the Court of Appeal for retrospective permission which is treated as an application for relief from sanctions)
In the case of not seeking permission from a lower court, and not requesting a time extension, such that application is barred, to what court can a party make a special case that permission should be applied retrospectively?
Court of Appeal
How does the Court of Appeal treat this special case, and what three considerations must the party convince the court of?
As an application for relief from sanctions.The party must show it is reasonable based on:1. Seriousness and significance of failure to comply with the rules2. Why the default occurred3. Circumstances of the case, so court can deal with the application in a just manner
What must a party wishing to appeal send to the court?
- Appeal form* A copy of the sealed order, the subject of the appeal* The application notice
What is an appeal hearing limited to?
A review of the decision of the lower court
In an appeal, can a party rely on evidence that was not available in the original hearing?
Not without permission
