Appeals Flashcards
(13 cards)
What are the purposes of appeals in civil litigation?
Private purpose: To ensure justice by correcting incorrect decisions.
Public purpose: To maintain confidence in the legal system by correcting errors and clarifying or developing the law.
What are the 2 criteria for permission to appeal a first appeal?
- A realistic (not fanciful) prospect of success, or
- A compelling reason to hear the appeal (e.g. important legal or policy issue).
What are the criteria for permission to bring a second appeal?
Who grants permission to bring a second appeal?
Same as for first appeals + 1 extra criteria (criteria 3)
- A realistic (not fanciful) prospect of success, or
- A compelling reason to hear the appeal (e.g. important legal or policy issue).
3. The appeal would raise an important point of principle or practice.
Permission must be granted by the Court of Appeal.
What rule governs the procedure for permission to appeal, and how is it requested?
Governed by CPR Part 52.
- Permission to appeal is typically requested at the end of trial.
- If refused or not requested, application may be made to the appeal court.
- Appeals are usually decided on paper without a hearing.
What are the time limits for appealing?
- County Court or High Court Decision
- Appeals to the Supreme Court
Appeal against County Court or High Court decision: 21 days.
Application for leave to appeal to the Supreme Court: 28 days.
What happens if permission is refused on paper in the Court of Appeal?
A judge must list an oral hearing within 14 days to reconsider if the paper decision is not sufficient.
What is the time limit for an appeal against County Court or High Court decisions?
What is the time limit to make an application for leave to appeal to the Supreme Court?
Appeal against County Court or High Court decision: 21 days.
Application for leave to appeal to the Supreme Court: 28 days.
What are the routes of appeal from High Court decisions?
Decision by a High Court Judge → appeal to Court of Appeal.
Decision by a Master or District Judge → appeal to a High Court Judge.
What are the routes of appeal from County Court decisions?
Decision by a Circuit Judge → appeal to a High Court Judge.
Decision by a District Judge → appeal to a Circuit Judge.
What is the hierarchy summary for civil appeals?
Appeals are made to a judge of the next higher seniority in the judicial ladder.
When can a further appeal be made to the Supreme Court?
It is rare.
Usually allowed only for important cases of public interest or law.
Requires permission and meets strict criteria.
Q:
What is a leapfrog appeal?
what are the two main types of leapfrog appeal?,
What is the process of a leap frog appeal and when is it used?
A leapfrog appeal allows a case to bypass one or more appellate courts and go directly to a higher court.
Types of leapfrog appeal:
- From the County Court directly to the Court of Appeal.
- From the High Court directly to the Supreme Court.
Conditions for leapfrog appeals:
Reserved for exceptional circumstances, often involving urgency. The case must raise:
- A point of law of general public importance, or
- An important issue of statutory interpretation or national significance.
Process:
- Leapfrog Certificate is granted by the trial judge.
- Permission to appeal must be granted by the Supreme Court (if going to the Supreme Court).
Example issues suitable for leapfrog appeals:
- Interpretation of a statute or statutory instrument.
- Issues of national importance.
What are the two grounds for granting an appeal (for a decision)?
1. The decision was wrong:
- Error of law, fact interpretation, or discretion.
2. The decision was unjust:
- Due to serious procedural irregularity in lower court proceedings.
