Civil courts and other forms of dispute resolution - Appeal routes in Civil cases

Question 1

Example Question:
Explain the civil court and appeal structure (8 marks)
Explain the civil appeal structure

Question 2

Appeal routes :
Can either party to a dispute make an appeal

Answer 2

Yes, either party may make an appeal

Question 3

Where are appeals generally made

Answer 3

Appeals are generally made to the next level of judge in the court hierarchy

Question 4

An appeal from County Court or High Court to Court of Appeal:
An appeal from county or high court to COA requires leave from which court

Answer 4

Requires leave from the lower court or the court of appeal.

Question 5

In what circumstances will permission to appeal be granted for the high court or county court from the lower court or court of appeal

Answer 5

• Where the appeal has a realistic chance of success or would have a real prospect of success
• Where there is a compelling reason why the appeal should be heard

Question 6

Grounds or reasons to appeal:
Provide 3 reasons to appeal that the court of appeal will allow for an appeal

Answer 6

• decision of the lower court was wrong
• decision of the lower court was unjust
• there was a serious procedural or other irregularity in the proceedings of the lower court

Question 7

Usually how many judges will hear the appeal

Answer 7

Usually a minimum of three judges will sit and hear the appeal, although this can increase to five

Question 8

In relation to the appeal, what kind of powers would the court of appeal have

Answer 8

The court of appeal will have the powers of the lower court in relation to the appeal

Question 9

An Appeal from Court of Appeal to Supreme court (2):
When is an appeal from COA to supreme only allowed

Answer 9

Where the Court of Appeal or Supreme court grants leave to appeal

Question 10

This permission to appeal is only satisfied if the case is what

Answer 10

This permission to appeal to only granted if the case is certified as involving a point of law of general public importance.

Question 11

Provide an example of a case where it involved a point of law of general public importance

Answer 11

For example, the MPs expenses scandal.

Question 12

How many judges sit in the Supreme Court

Answer 12

12 judges sit in the Supreme Court.
They must sit as an uneven panel, so three, five, seven, nine.

Question 13

How many cases does the court hear on average

Answer 13

50 cases per year

Question 14

Appeal from the High Court to the Supreme Court (3):
How does an appeal from the high court go to supreme court

Answer 14

An appeal from the High Court goes directly from the high court to the Supreme court.

Question 15

What is this direct appeal process known as

Answer 15

‘Leapfrogging’ the court of appeal.

Question 16

This ‘leapfrog’ appeal direct from the High court occurs provided what two requirements

Answer 16

-All parties consent, and
- A point of law of general public importance is involved relating to the construction of legislation or on a point on which the trial judge was bound by precedent

A certificate of the trial judge and leave from the Supreme court is required

Question 17

Appeal from the Small Claims Court to the County Court (4):
An Appeal can be made from the Small Claims Court to the County Court can be made if what

Answer 17

An appeal can be made if there is a serious irregularity in the proceedings, or the District Judge at the Small Claims hearing made a mistake of law

Question 18

The Appeal court has to power to what

Answer 18

• To affirm, set aside or vary any order or judgement made or given by the lower court (or Tribunal)
• Refer any claim or issue for determination by the lower court or tribunal
• order a new trial or hearing
  -Make orders for the payment of interest and
• Make a costs order