DR - Appeals

Question 1

What are the grounds of appeal?

Answer 1

the decision of the lower court was either:

• Wrong; or
• Unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

Question 2

In what ways can a decision by a lower court be ‘wrong’?

Answer 2

• an error of law; or
• an error of fact; or
• an error in the exercise of the court’s discretion.

Question 3

Does an appellant require permission to appeal?

Answer 3

Yes

Question 4

How can the appellant request permission to appeal?

Answer 4

Apply for permission from the lower court at the time when the decision to be appealed is made. Done orally (parties are already before a judge).

AND/OR

Make the application in writing to the appeal court later.

Question 5

How is the application for an appeal dealt with in the Court of Appeal?

Answer 5

• applications for permission will be determined on the papers alone, unless the judge considers that the matter should be dealt with orally. Any oral hearing will be listed within 14 days, unless the circumstances are exceptional.

Question 6

How is the application for an appeal dealt with in the County Court or High Court?

Answer 6

• if that appeal court refuses the paper application for permission, the appellant may normally request (within 7 days after service of the notice refusing permission) that the decision be reconsidered at an oral hearing.

If permission is refused at that oral hearing, no appeal against that decision is possible.

Question 7

If the County/High Court refuses an application for an appeal following an oral hearing, can the appellant appeal that decision?

Answer 7

No

Question 8

How long has the appellant got to request a permission to appeal?

Answer 8

21 days of the date of the lower court’s decision, can request an extension

Question 9

Will a delay in drawing up a judgement delay the time running on making an application for appeal?

Answer 9

No

Question 10

What is the test by the court for allowing a first appeal?

Answer 10

• that the appeal would have a real prospect of success;

OR

• that there is some other compelling reason why the appeal should be heard.

Question 11

What is the test by the court of appeal for allowing an appeal?

Answer 11

• the appeal would have a real prospect of success AND raises an important point of principle or practice;

OR

• there is some other compelling reason for the Court of Appeal to hear it.

Question 12

Does an appeal stay the order from the lower court?

Answer 12

No

Question 13

Who do you appeal to: County Court District Judge

Answer 13

County Court Circuit Judge

Question 14

Who do you appeal to: County Court District Judge (non-insovency)

Answer 14

High Court

Question 15

Who do you appeal to: County Court Circuit Judge

Answer 15

High Court Judge

Question 16

Who do you appeal to: High Court Master

Answer 16

High Court Judge

Question 17

Who do you appeal to: High Court Judge

Answer 17

Court of Appeal

Question 18

What orders can an appeal judge make?

Answer 18

• dismiss the appeal
• affirm, set aside or vary any order or judgment made or given by the lower court;
• refer any claim or issue for determination by the lower court;
• order a new trial or hearing;
• make orders for the payment of interest;
• make a costs order.