Appeals

Question 1

What are the two key factors in deciding where a civil appeal will be heard?

Answer 1

The court in which the matter was heard and the seniority of the judge presiding over the original case

Question 2

Where does an appeal from a County Court decision made by a District Judge (small claims) go?

Answer 2

Senior Circuit Court Judge in County Court, then to High Court, then Court of Appeal

Question 3

Where does an appeal in the High Court go?

Answer 3

Court of Appeal and then Supreme Court

Question 4

When can a matter on appeal from the High Court bypass the Court of Appeal

Answer 4

If it is a matter of public significance

Question 5

What is the title of a judge in the Court of Appeal

Answer 5

Lord Justice of Appeal

Question 6

What is the title of a judge in the Supreme Court?

Answer 6

Justice of Supreme Court

Question 7

What is the process for applying for an appeal?

Answer 7

Permission must be sought from the court in which the case was initially heard, failing which application can be made to the court in which the case will be appealed

Question 8

When will a civil appeal be granted?

Answer 8

(i) Real prospect of success; or
(ii) Another pressing reason to hear the case

Question 9

Where can a criminal convict appeal?

Answer 9

To the Crown Court - for sentence only if he plead guilty, or both sentence and conviction otherwise

Question 10

What type of hearing is granted for a criminal appeal in the Crown Court

Answer 10

Full re-hearing of the matter (old and new evidence, old and new witnesses)

Question 11

Who can make a criminal appeal to the High Court

Answer 11

The prosecution or the convict

Question 12

What grounds can a criminal appeal be made to the High Court

Answer 12

Magistrate incorrectly applied procedure

Question 13

What is the High Court Criminal appeals hearing process

Answer 13

Three-judge panel will review the judgment and either affirm/amend or return it to the Magistrates Court for re-evaluation

Question 14

Who and what can be criminally appealed to the Administrative Court (Division of the High Court)

Answer 14

Either party if the process of judgment was incorrect, and in being incorrect the court acted ultra vires

Question 15

Who can criminally appeal to the Court of Appeal and can they appeal the conviction and sentence?

Answer 15

Only the convicted party for the conviction or the sentence

Question 16

What timeframe should a convicted party appeal to the Court of Appeal?

Answer 16

Within 28 days of conviction/sentencing

Question 17

Will the Court of Appeal hear a criminal appeal that was made after 28 days of the conviction/sentence?

Answer 17

Yes (out of time appeal)

Question 18

What alternative does a convict have to submit an appeal after the 28 day timeframe

Answer 18

If there is fresh evidence, submit an appeal to the Criminal Cases Review Commission to have the case re-heard

Question 19

When can a criminal appeal to the Supreme Cuort

Answer 19

When permission has been given and the point of law is of public importance