15. Appeals 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?
- Circuit Judge
- High Court Judge
- High Court Judge
- Court of a Appeal
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 made
- 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 discretion
- Decision is unjust due to serious procedural or other irregularity
Within what time limit must a party 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
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
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.
- Seriousness and significance of failure to comply with the rules
- Why the default occurred
- Circumstances of the case, so court can deal with the application in a just manner
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
What is a rolled up appeal hearing?
Where the court considers the application to appeal and the actual appeal in the same hearing