15. Appeals

Question 1

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?

Answer 1

1. Circuit Judge
2. High Court Judge
3. High Court Judge
4. Court of Appeals

Question 2

Is there an automatic right to appeal in civil cases?

Answer 2

No

Question 3

To where can a party make an application for permission to appeal?

Answer 3

1. Lower court where the decision was made
2. To the appeal court

Question 4

What are the two grounds to appeal a decision of a lower court?

Answer 4

1. Decision is wrong in fact, law, or the exercise of the court’s discretion; or
2. Decision is unjust due to serious procedural or other irregularity

Question 5

Within what time limit must a party appeal and when does this time begin to run?

Answer 5

Within 21 days of the date the judgment or order they are seeking to appeal was handed down

Question 6

Is it possible to apply to the court for more time to appeal?

Answer 6

Yes

Question 7

Are appeal applications held without a hearing?

Answer 7

Yes

Question 8

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?

Answer 8

7 days. Court not required to grant.

Question 9

What is the consequence of not seeking permission from a lower court, and not requesting a time extension?

Answer 9

After 21 days, they can no longer make an application to the court for permission to appeal

Question 10

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?

Answer 10

Court of Appeal

Question 11

How does the Court of Appeal treat this special case, and what three considerations must the party convince the court of?

Answer 11

As an application for relief from sanctions.

1. Seriousness and significance of failure to comply with the rules
2. Why the default occurred
3. Circumstances of the case, so court can deal with the application in a just manner

Question 12

What is an appeal hearing limited to?

Answer 12

A review of the decision of the lower court

Question 13

In an appeal, can a party rely on evidence that was not available in the original hearing?

Answer 13

Not without permission

Question 14

What is a rolled up appeal hearing?

Answer 14

Where the court considers the application to appeal and the actual appeal in the same hearing

Question 15

Who hears an appeal from a District Judge in the County Court?

Answer 15

Circuit Judge (County Court)

Question 16

Who hears an appeal from a Circuit Judge in the County Court?

Answer 16

Master (High Court)

Question 17

Within what time must a party appeal the original decision to the County or High Court ?

Answer 17

21 days from OG judgement

Question 18

On appeal, can fresh evidence be introduced by parties?

Answer 18

Not general, unless appeal court orders it.

• where, for instance, evidence couldn’t be reasonably obtained in lower courts, evidence would have an important influence on result and is credible.
• Also consider overriding objective

Question 19

What is the test on first appeal of either a County Court or High Court ruling?

Answer 19

• Appeal must have a real prospect of success or
• exists another compelling reason for CoA hear it.

Question 20

When can a party appeal?

Answer 20

1) At the time OG decision is given in front of judge; or
2) Apply to appeal court

Question 21

Within what time must an appeal against a High Court or County Court decision be filed?

Answer 21

21 days from date of original decision.

Question 22

Does an appeal immediately trigger a stay of execution of the OG judgement?

Answer 22

No, but court can make an order if its serves interest of justice.

Question 23

What does the court consider when determining whether to allow fresh evidence to be introduced on appeal?

Answer 23

Must be shown that the new evidence could not have been obtained with reasonable diligence for use at trial,
AND
Would probably have an important influence on the result of the case and is apparently credible

Question 24

What is the test to seek leave on second appeal?

Answer 24

applies where applicant is appealing an appeal decision.
* only the Court of Appeals can give permission
* Must show that:
1) appeal raises an important point of principle or practice (which has yet to be established);
or
2) there is some other compelling reason to hear it.

Question 25

When is an appellant entitled to an oral hearing when appealing an original judgement?

Answer 25

only in the Court of Appeals
- in County and High Court - only by paper application, but can request an oral hearing within 7 days.