Routes of Appeals Flashcards
Where does an appeal from County Court District Judge go to?
County Court Circuit Judge
Where does appeal from County Court District Judge dealing with non-insolvency proceedings under CA go?
High Court
Where does appeal from County Court Circuit Judge go?
High Court Judge
Appeal from High Court Master?
High Court Judge
Appeal from High Court judge
Court of Appeal
Does a party need permission to bring an appeal?
YES - there is no automatic right of appeal
What are the grounds of appeal?
Appeal court will allow an appeal where the decision of the lower court was either wrong or unjust
What is the default position of an appeal
It is a review (rather than a re-hearing)
What is the general rule as to evidence in an appeal?
There is NO new evidence or live witnesses
But the court has discretion on this
What is the time limit for obtaining permission?
An appeal must be made within 21 days of the date of the lower court’s decision
What is the appeal form?
Form N161
What is the test for granting appeal for first appeals?
Permission only granted if court considers the appeal would have real prospect of success; or there is some other compelling reason why appeal should be heard
Test for granting permission for second appeals?
The appeal would have real prospect of success AND raise an important point of principle or practice
Where are second appeals always made?
Second appeals are always made to the Court of Appeal
What are the court’s recent powers for granting an appeal?
When granting appeal on first appeal, the court can grant an appeal but make it subject to conditions if there is a ‘compelling reason’ to do so
- the appeal court can also impose and vary those conditions, if there is a compelling reason to do so
- court needs to balance interests of justice when exercising its discretion on this
