Appeal Flashcards
(187 cards)
1
Q
Grounds of appeal
A
What are the two main grounds on which an appeal court will allow an appeal?
2
Q
Wrong decision
A
One of the main grounds for appeal: the decision of the lower court was _____.
3
Q
Unjust decision due to irregularity
A
One of the main grounds for appeal: the decision of the lower court was _____ because of a serious procedural or other _____.
4
Q
Review of lower court’s decision
A
What form do appeals normally take (rather than a re-hearing)?
5
Q
No new evidence normally
A
Will the appeal court usually have access to new evidence?
6
Q
Lower court’s live evidence
A
What benefit does the lower court have that the appeal court typically does not when assessing evidence?
7
Q
Error of law
A
Give one reason why a lower court’s decision might be considered “wrong”.
8
Q
Error of fact
A
Give another reason why a lower court’s decision might be considered “wrong”.
9
Q
Error in exercise of discretion
A
Give a further reason why a lower court’s decision might be considered “wrong”.
10
Q
Lower court’s assessment of credibility
A
In cases with irreconcilable accounts
11
Q
Serious irregularity causing injustice
A
What two elements must be proven for an appeal to succeed on the “unjust decision” ground?
12
Q
No chance to make submissions
A
Give an example of a serious irregularity.
13
Q
Submissions incorporated into judgment
A
Give another example of a serious irregularity.
14
Q
Judge involved in previous proceedings
A
Give a further example of a serious irregularity.
15
Q
Manner of handling evidence
A
Give one more example of a serious irregularity.
16
Q
Permission to appeal
A
What stage is usually required before an appeal court will hear an appeal?
17
Q
Exceptional cases (CPR 52.3)
A
In what type of cases is permission to appeal not always needed?
18
Q
Apply to lower court at time of decision
A
What is one way a prospective appellant can apply for permission to appeal?
19
Q
Orally
A
How is an application for permission to the lower court usually made?
20
Q
Saves time and costs
A
What are potential benefits of applying for permission to the lower court?
21
Q
Does not prevent later application to appeal court
A
If permission is refused by the lower court
22
Q
Apply to appeal court later
A
What is another way a prospective appellant can apply for permission to appeal?
23
Q
In writing
A
using Form N161
24
Q
More time to prepare
A
What is a potential benefit of applying for permission to the appeal court directly?
25
Can pursue if refused by lower court
What is another potential benefit of applying for permission to the appeal court directly?
26
On the papers alone (default in CoA)
How are applications for permission dealt with in the Court of Appeal as the default position since 2016?
27
Oral hearing if fair determination not possible on papers
When might the Court of Appeal direct an oral hearing for a permission application?
28
Within 14 days (unless exceptional)
How quickly will an oral hearing for permission be listed in the Court of Appeal?
29
Request reconsideration at oral hearing (within 7 days)
If the County Court or High Court refuses paper application for permission
30
No appeal against refusal at oral hearing
If permission is refused at an oral hearing in the County Court or High Court
31
21 days from date of lower court's decision
What is the general time limit for making an appeal (including permission application if not already granted)?
32
Form N161 (Appellant's notice)
Which form is used to make an appeal?
33
Court may order differently
Can the court set a different time limit for appeal?
34
Apply to lower court for extension of time
If a party needs more time to appeal
35
Date given or made or later specified
When do judgments and orders take effect?
36
Delay in drawing up does not delay appeal time
Does a delay in formally drawing up a judgment delay the time for making an appeal?
37
Real prospect of success
What is one of the tests the court will consider when granting permission to appeal (first appeals)?
38
Some other compelling reason
What is the other test the court will consider when granting permission to appeal (first appeals)?
39
Real prospect of success AND important point of principle/practice
What is one of the tests the Court of Appeal will consider when granting permission for a second appeal?
40
Some other compelling reason (second appeals)
What is the other test the Court of Appeal will consider when granting permission for a second appeal?
41
Limit issues and impose conditions
What can an order giving permission to appeal do?
42
Appeal can proceed
What happens if permission to appeal is granted?
43
Appellant's notice (Form N161)
Which document initiates the appeal itself?
44
Grounds of appeal
other information
45
Progress the appeal to final determination
What does the appeal court use the appellant's notice for?
46
Appeal does not operate as a stay of execution
What is the general rule regarding whether an appeal stops the lower court's order from being enforced?
47
Power to order a stay pending appeal (High Court and CoA)
Which courts have the power to order a temporary halt to the enforcement of an order while an appeal is ongoing?
48
Prevent unfairness/disproportionate outcome
Why might a stay pending appeal be ordered?
49
Demolishing a building
Give an example of a situation where a stay pending appeal might be justified.
50
Next level of judge in court hierarchy
As a general rule
51
County Court Circuit Judge
Appeal from County Court District Judge (generally) goes to:
52
High Court
Appeal from County Court District Judge (non-insolvency Companies Act) goes to:
53
High Court Judge
Appeal from County Court Circuit Judge goes to:
54
High Court Judge
Appeal from High Court Master goes to:
55
Court of Appeal
Appeal from High Court Judge goes to:
56
Court of Appeal (exceptional circumstances)
In exceptional circumstances
57
Court of Appeal (if second appeal)
Where might an appeal from a County Court Circuit Judge go if it is a second appeal?
58
Supreme Court (exceptional circumstances
not covered in detail)
59
All powers of the lower court
What powers does the appeal court have in relation to an appeal?
60
Affirm
set aside
61
Refer any claim or issue for determination by the lower court
Give another example of an order the appeal court can make.
62
Order a new trial or hearing
Give a further example of an order the appeal court can make.
63
Make orders for the payment of interest
Give one more example of an order the appeal court can make.
64
Make a costs order
Give a final example of an order the appeal court can make.
65
Dismiss the appeal
What is another possible outcome of an appeal?
66
Wrong or unjust due to serious irregularity
What are the possible grounds of appeal in summary?
67
Review
Appeals generally take the form of a _____.
68
Permission
What is generally required before an appeal can proceed?
69
21 days
Within what timeframe should permission from the appeal court generally be sought?
70
Real prospect of success or compelling reason
On what basis will permission to appeal generally be granted?
71
Next level of judge
Appeal generally lies to the _____ in the court hierarchy.
72
Same court or different court
Can appeals be heard within the same court or will the appeal court always be different?
73
Wide range of orders
What is the scope of orders the appeal court can make?
74
Substituting its own judgment
What is one example of an order the appeal court can make?
75
Ordering a new trial or hearing
What is another example of an order the appeal court can make?
76
Permission needed for appeal (general rule)
What is the general rule regarding permission to appeal?
77
Wrong or unjust due to serious irregularity
On what grounds will an appeal against a lower court's decision be allowed by a higher court?
78
Apply for and obtain permission
What must a prospective appellant generally do before the substantive grounds of appeal are considered?
79
CPR 52.3
Which Civil Procedure Rule contains the provisions relating to permission to appeal?
80
No automatic right of appeal
Is there an automatic right of appeal in most cases?
81
Committal order
Name one exception where an appeal can happen as of right (no permission needed).
82
Refusal to grant writ of habeas corpus
Name another exception where an appeal can happen as of right (no permission needed).
83
Secure accommodation order (Children Act 1989 or Social Services and Well-being (Wales) Act 2014)
Name the third exception where an appeal can happen as of right (no permission needed).
84
Apply to lower court at time of decision OR apply to appeal court later
What are the two choices a prospective appellant has regarding when and how to apply for permission to appeal?
85
Orally immediately following judgment
How is an application for permission made to the lower court?
86
Saves time for court and parties; can save costs; does not preclude later application to appeal court
What are the advantages of applying for permission from the lower court?
87
Lost if not made when judgment handed down
What is the consequence of not applying for permission to the lower court immediately after judgment?
88
Time to prepare application
What might a prospective appellant need that would lead them to apply to the appeal court later?
89
Adjournment to prepare and return later
If a prospective appellant is not ready to apply for permission immediately after lower court judgment
90
Appeal can proceed; appellant files notice of appeal by deadline directed by lower court
What happens if the application for permission to the lower court succeeds?
91
Appeal cannot proceed yet; appellant can apply to appeal court
What happens if the application for permission to the lower court is not made or fails?
92
Appellant's notice (Form N161)
What document is filed with the appeal court to apply for permission to appeal?
93
Within the time limit stipulated in CPR 52.12
What is the time limit for filing the appellant's notice?
94
On the papers alone (normally)
How will the application for permission normally be considered by the appeal court?
95
Specify court and level of judge for further application
What must a lower court order refusing permission to appeal specify?
96
Oral hearing (in some circumstances)
What might follow a paper application for permission?
97
On the papers alone (default)
How are applications for permission dealt with in the Court of Appeal as the default position since 2016?
98
Oral hearing if fair determination not possible on papers
When might the Court of Appeal direct an oral hearing for a permission application?
99
Within 14 days (unless exceptional)
How quickly will an oral hearing for permission be listed in the Court of Appeal?
100
Request reconsideration at oral hearing (within 7 days)
If the County Court or High Court refuses a paper application for permission
101
No appeal against that decision
If permission is refused at an oral hearing in the County Court or High Court
102
21 days from date of lower court's decision (general rule)
What is the general time limit for making an appeal (including permission application if not already granted)?
103
Court may order differently; apply to lower court for extension of time (with good reason)
What happens if a party needs more time to appeal?
104
Date given or made or later specified
When do judgments and orders take effect?
105
Does not delay time running for appeal
Does a delay in formally drawing up a judgment delay the time for making an appeal?
106
Appeal does not operate as a stay of execution (general rule)
What is the general rule regarding whether an appeal stops the lower court's order from being enforced?
107
Power to order a stay pending appeal (High Court and CoA)
Which courts have the power to order a temporary halt to the enforcement of an order while an appeal is ongoing?
108
Prevent unfairness/disproportionate outcome if order enforced and reversed
Why might a stay pending appeal be ordered?
109
Demolishing a building
Give an example of a situation where a stay pending appeal might be justified.
110
Real prospect of success OR some other compelling reason
What are the two tests the court will consider when granting permission to appeal (first appeals) according to CPR 52.6?
111
Realistic rather than fanciful
According to Lord Woolf M.R. in Swain v Hillman
112
Real prospect of success AND raise an important point of principle or practice OR some other compelling reason
What are the two tests the Court of Appeal will consider when granting permission for a second appeal according to CPR 52.7?
113
Limit the issues to be heard and be made subject to conditions
What can an order giving permission to appeal (for first or second appeals) do according to CPR 52.6(2)?
114
Appeal can proceed
What happens if permission to appeal is granted?
115
Appellant's notice (Form N161)
Which document initiates the appeal itself?
116
Grounds of appeal
other information
117
Progress the appeal to final determination
What does the appeal court use the appellant's notice for?
118
Wrong (CPR 52.21(3)(a)) OR unjust because of a serious procedural or other irregularity (CPR 52.21(3)(b))
What are the two possible grounds on which the appeal court will allow an appeal?
119
Satisfy the appeal court that one of the grounds is met
What must the appellant do for their appeal to be successful regarding the grounds of appeal?
120
Review of the lower court's decision
What form do appeals normally take (rather than a re-hearing)?
121
No new evidence normally; no 'live' examination of evidence
What are two limitations the appeal court typically faces when assessing the grounds of appeal?
122
Error of law
error of fact
123
Lower court's assessment of credibility (in cases of irreconcilable accounts)
Whose view carries great weight with the appeal court when a lower court's decision is based on irreconcilable accounts?
124
'Serious' irregularity AND caused the lower court's decision to be unjust
What two elements must be proven for an appeal to succeed on the "unjust decision" ground?
125
No chance to make submissions; submissions incorporated into judgment; judge involved in previous proceedings; manner of handling evidence
Give examples of what might constitute a serious irregularity.
126
Route/destination of appeal
What term refers to which court/judge will be the appeal court for the lower court's decision?
127
Next level of judge in court hierarchy (general rule)
As a general rule
128
County Court Circuit Judge
Appeal from County Court District Judge (generally) goes to:
129
High Court
Appeal from County Court District Judge (non-insolvency Companies Act matters) goes to:
130
High Court Judge
Appeal from County Court Circuit Judge goes to:
131
High Court Judge
Appeal from High Court Master goes to:
132
Court of Appeal
Appeal from High Court Judge goes to:
133
PD52A and Section 9 of the Senior Courts Act 1981
Where are the details of which level of judge can hear which type of appeal set out?
134
Transfer a first appeal directly to the Court of Appeal (in exceptional circumstances)
What power does CPR 52.23 give to a court lower than the Court of Appeal?
135
Important point of principle or practice OR some other compelling reason
On what grounds can a lower court transfer a first appeal directly to the Court of Appeal?
136
Sparingly and in exceptional circumstances
How often will the power to transfer a first appeal to the Court of Appeal be used?
137
Supreme Court
Where are appeals from the Court of Appeal heard?
138
Second appeals
What type of appeals are typically heard by the Supreme Court from the Court of Appeal?
139
Very rarely
directly from the High Court
140
Supreme Court Rules 2009
Which rules cover appeals to the Supreme Court?
141
Not covered in this element
Are appeals to the Supreme Court covered in detail in this element?
142
Permission generally required; real prospect of success or compelling reason; generally within 21 days; wrong or unjust due to serious irregularity; next level of judge; same or different court; review not re-hearing
Summarise the key points regarding appeals covered in this element.
143
Appellant's notice
What document initiates an appeal?
144
Grounds of appeal; arguments in support; order sought; evidence in support
What details must be included in the appellant's notice?
145
Form N161
What is the standard form number for the appellant's notice?
146
CPR 52.12
Which Civil Procedure Rule contains the procedural requirements for serving the appellant's notice
147
Appeal court
To which court must an application to vary the time limit for filing an appeal notice be made (CPR 52.15)?
148
Directed by the lower court
If permission to appeal was granted by the lower court
149
Within 21 days after the date of the lower court's decision
If the appellant seeks permission from the appeal court in the appellant's notice
150
In every case (whether or not permission already granted)
Is an appellant's notice required even if permission to appeal has already been granted by the lower court?
151
As soon as practicable and no later than 7 days after it was filed
Unless the appeal court orders otherwise
152
Copy of order under appeal; copy of permission order (if applicable); separate sheet of grounds of appeal
What documents must be filed and served with the appellant's notice (according to 52B PD 4.1 and 4.2)?
153
Approved transcript of judgment; skeleton arguments
What additional items must be filed with the appellant's notice for appeals to the Court of Appeal?
154
Respondent's notice
What is the equivalent document for the respondent to an appeal?
155
Form N162
What is the standard form number for the respondent's notice?
156
Seeking permission to appeal; wishing to uphold order for different/additional reasons
In what situations must a respondent file and serve a respondent's notice (CPR 52.13(2))?
157
Happy with lower court's decision and reasons
Which type of respondent does not need to serve a respondent's notice?
158
Wishes to uphold decision for different or additional reasons
Which type of respondent needs to serve a respondent's notice setting out those reasons?
159
Wishes to ask the appeal court to vary the order
Which type of respondent is cross-appealing and needs to seek permission and serve a respondent's notice?
160
Within period directed by lower court OR within 14 days after respondent became aware appeal going ahead (if no direction)
When must a respondent's notice generally be filed?
161
As soon as practicable and no later than 7 days after it is filed
Unless the appeal court orders otherwise
162
Transcript of the judgment (or other record of reasons)
What key document relating to the lower court's decision will the appellant need to obtain?
163
Appeal bundle
What compilation of relevant documents will the appellant need to prepare for the appeal hearing?
164
Within 35 days of filing appellant's notice
When must the appeal bundle be filed (52B PD 6.3 and 6.4)?
165
List of persons; glossary; chronology; skeleton arguments
What other information might the parties need to consider providing to the appeal court?
166
Assist the court by setting out arguments concisely
What is the purpose of a skeleton argument (52A PD 5.1(1))?
167
Concise; define and confine controversy; numbered paragraphs; cross-referenced to bundle; self-contained; no extensive quotations
What are the requirements for the form and content of a skeleton argument?
168
Review of the lower court's decision
What is the normal practice for the form the appeal hearing will take (CPR 52.21)?
169
No new evidence normally; no 'live' examination of evidence
What are two limitations the appeal court typically faces during a review?
170
Limited to review unless practice direction makes different provision or interests of justice require re-hearing
What is the general rule regarding the scope of an appeal hearing?
171
52D PD 19.1 (architects/healthcare) and 52D PD 29.1 (Immigration Act)
Where can examples of practice directions providing for a re-hearing be found?
172
Depends heavily on the facts; persuade court with similar cases; overriding objective applied
What factors are considered when determining if a re-hearing is in the interests of justice in an individual appeal?
173
Scrutinise lower court's decision and process while giving appropriate respect
What does a "review" by the appeal court entail?
174
Nature of the decision the lower court had to make
What factor is relevant to how the appeal court will approach a review?
175
Decision based on fact/credibility; purely discretionary decision; decision based on documentary material
What types of decisions might a lower court make?
176
Decision based on documentary material
Which type of lower court decision is generally more amenable to review?
177
Unless ordered otherwise
no new evidence (oral or written) not before lower court (CPR 52.21(2))
178
Ladd v Marshall [1954] 1 W.L.R 1489
Which key case sets out the principles for admitting fresh evidence on appeal?
179
Could not have been obtained with reasonable diligence for lower court; would probably have important influence; apparently credible
What are the three limbs of the test from Ladd v Marshall for admitting fresh evidence?
180
Discretion to allow
but treads carefully; cautious about new points not raised below; consider prejudice/unfairness to respondent
181
County Court Circuit Judges and High Court Judges
Which level of judges usually sit alone when hearing appeals?
182
Two Lords Justice (interim); three Lords Justice (final)
How many judges generally sit in the Court of Appeal?
183
Five-member courts
How many judges generally sit in the Supreme Court?
184
All powers of the lower court (CPR 52.20(1))
What is the extent of the appeal court's powers in relation to an appeal?
185
Affirm
set aside
186
Dismiss the appeal
What is another possible outcome of an appeal?
187
Appellant's notice initiates appeal (and permission if needed); required in every case (filed as directed or within 21 days); respondent's notice equivalent (not always needed); transcript
bundle
