Appeals Flashcards
(20 cards)
What are the two possible grounds of appeal?
- The decision was wrong in law, fact, or discretion
- The decision was unjust due to a serious procedural or other irregularity
What is the standard form of an appeal?
- A review of the lower court’s decision, not a re-hearing
- The appeal court usually does not see new evidence
What are examples of serious procedural irregularity?
- Denial of the opportunity to make submissions
- Judge adopting one party’s skeleton argument in judgment
- Judge previously involved in related proceedings
- Inappropriate handling of evidence
When is permission to appeal required?
- Required in all cases except:
- Committal orders
- Refusal of habeas corpus
- Secure accommodation orders (Children Act 1989 / Social Services and Well-being (Wales) Act 2014)
What are the two routes for applying for permission to appeal?
- Orally in the lower court immediately after judgment
- By filing an appellant’s notice (Form N161) in the appeal court
What is the time limit for appealing?
- Within 21 days of the lower court’s decision
Can be varied by court order
What is the test for granting permission to appeal?
- Real prospect of success
- Or some other compelling reason for the appeal to be heard
What is the test for second appeals?
- Real prospect of success and an important point of principle or practice
- Or some other compelling reason for the Court of Appeal to hear it
Does an appeal operate as a stay of enforcement?
No – a stay must be specifically ordered by the appeal court
What is the appellant’s notice (Form N161)?
- The document that initiates an appeal
- Sets out grounds of appeal, arguments, evidence, and requested order
- Also used to apply for permission if not already granted
What documents must be served with an appellant’s notice?
- Order being appealed
- Order granting/refusing permission (if any)
- Grounds of appeal sheet
- Transcript of judgment (if in Court of Appeal)
- Skeleton argument
- Any other required documents
What is a respondent’s notice?
Filed by a respondent who:
- Seeks permission to cross-appeal
- Wishes to uphold the decision for different/additional reasons
Time limit: within 14 days of notice that the appeal proceeds.
When can an appeal be a re-hearing?
- If a PD provides for it (e.g. architect/healthcare or immigration appeals)
- If the court considers it just in the circumstances
What kinds of decisions are more or less amenable to review?
- Fact-based decisions involving oral evidence: less amenable
- Discretionary decisions: less amenable
- Documentary-based decisions: more amenable
When will fresh evidence be allowed on appeal (Ladd v Marshall)?
- Could not have been obtained with reasonable diligence
- Would likely influence the result
- Is apparently credible
Can new points of law or fact be raised on appeal?
- Only with discretion of the appeal court
- Generally avoided due to risk of unfairness to respondent
What are the general rules on routes of appeal?
County Court District Judge → County Court Circuit Judge
County Court Circuit Judge → High Court Judge
High Court Master → High Court Judge
High Court Judge → Court of Appeal
Court of Appeal → Supreme Court (second appeal only)
When might an appeal be transferred directly to the Court of Appeal?
- Important point of principle or practice
Or compelling reason
How are appeal hearings composed in different courts?
- County/High Court: heard by single judge
- Court of Appeal:
– Interim appeals – two Lords Justices
– Final appeals – three Lords Justices
- Supreme Court: generally five justices
What orders can the appeal court make?
- Affirm, set aside or vary the order
- Refer claim/issue back to lower court
- Order new trial/hearing
- Make interest or costs orders
- Dismiss the appeal
