Revision Guide - Ch. 15: Appeals Flashcards
Where is the destination of an appeal from a District Judge (County Court)?
Circuit Judge (County Court)
Where is the destination of an appeal from a Circuit Judge (County Court)?
High Court Judge (High Court)
Where is the destination of an appeal from a Master (High Court)?
High Court Judge (High Court)
Where is the destination of an appeal from a High Court Judge (High Court)?
Lord Justice of Appeal (Ct of Appeal)
Where is the destination of an appeal from a Lord Justice of Appeal (Ct of Appeal)?
Justice of Supreme Court (Supreme Court)
Where can permission to appeal be sought from?
Either the court in which the decision was made or the court to which the appeal will be taken.
What are the possible grounds for appeal?
- The decision is wrong in fact, law, or the exercise of the court’s discretion, and/or
- The decision is unjust because of serious procedural or other irregularity in the proceedings
How long does a party have to request permission to appeal?
A party has 21 days from the time the decision is handed down in which to request permission to appeal.
Can application for permission be made orally?
The application for permission can be made orally, immediately after the judge has made the decision or given the order.
What may be done if permission is not sought within 21 days?
A party who desired to appeal can make an application to the Court of Appeal for retrospective permission, which is treated as an application for relief from sanctions.
The party must show that this is reasonable in light of the circumstances.
What must a party wishing to appeal do?
A party wishing to appeal must send an appeal form to the court, together with a copy of the sealed order, the subject of the appeal, and the application notice.
What is an appeal hearing limited to? Effect?
Limited to a review of the decision of the lower court.
A party cannot rely on evidence that was not available at the original hearing without permission.
What is a rolled-up hearing?
Considers whether to grant the application for the appeal and (if approved) the appeal itself at the same hearing.
