Chapter 19 Flashcards
When will the court allow an appeal?
Where the decision in the lower court was either wrong or unjust as a result of procedural irregularities.
What will your client need to prove to appeal?
The decision was wrong because the judge incorrectly applied the law wrong or they drew incorrect conclusions.
Which statute governs appeals?
Access to Justice Act 1999 and Destination of Appeals Order 2000.
What is a registrar?
Specialist judge in bankruptcy.
What is a IPEC?
Intellectual property enterprise court which is a specialist judge in the chancery division.
When must an appeal be lodged?
21 days within the decision from the lower court.
When must an appellant file an appeal bundle and what must be included?
Within 35 days of serving notice of appeal.
- a copy of the appellants notice
- a copy of the respondents notice
- a copy of the transcript of the judges reasons for the decision in the lower court.
What are the powers of the appeal court?
- refuse application
- strike out appellants notice
- dismiss an appeal
- affirm, set aside or vary any judgement
- refer any claim back to the lower court
- order a new trial
- make costs orders
