Appeals

Question 1

When will the Pihl court allow an appeal?

Answer 1

Where the decision of the lower court was either wrong or unjust because of a serious procedural or other irregularity in proceedings.

Question 2

What does it mean for a decision to be wrong?

Answer 2

An error of law; or
An error of fact; or
An error in the exercise of the court discretion.

Question 3

When does the ground of a decision of the lower court being unjust apply?

Answer 3

It applies, even if the same decision would’ve been reached without the irregularity.

Question 4

What is the permission stage of the appeal system?

Answer 4

Before an appeal court will decide whether the ground for appeal or established the party wanting to appeal needs to obtain permission to appeal.

Question 5

How and when can a party apply for permission to appeal?

Answer 5

Apply for permission from the lower court at time when decision to be appealed is made (done orally).
or
Make the application to the appeal court later (done in writing using form N161).

Question 6

What are some advantages for applying for permission from the lower court?

Answer 6

-Saves time
-Can save costs
-Does not prevent lead to application to the appeal court.

Question 7

What are some advantages of making the application to the appeal court later?

Answer 7

-More time to prepare application.
-can pursue even if applied unsuccessfully to lower court.

Question 8

How is the application for permission dealt with in the court of appeal?

Answer 8

Applications will be determined on papers alone unless judge considers matters should be dealt with orally in which case an oral hearing will be listed within 14 days unless circumstances are exceptional.

Question 9

How is application for permission dealt with in County Court or High Court?

Answer 9

If county or High Court refuses paper application for permission, the appellant may request within seven days after service of notice refusing permission that the decision be reconsidered at oral hearing and if permission is refused at oral hearing no appeal against the decision as possible.

Question 10

What is the time limit for obtaining permission?

Answer 10

Appeal must be made within 21 days of the date of the lower court decision and using form N161 also known as the appellant’s notice.

Question 11

What can a party do if it has good reason for seeking a longer period to appeal?

Answer 11

It can apply to the lower court for an extension of time.

Question 12

Will a delay in formally drawing up a judgement or order delay time running for the purpose of making an appeal?

Answer 12

No

Question 13

How does the court decide whether to grant permission?

Answer 13

It considers if the people would have a real prospect of success.
or
If there is some other compelling reason why the appeal should be heard.

Question 14

What are second appeals?

Answer 14

Appeals of the decision made on the first appeal of a lower court’s decision.

Question 15

How will the court of appeal decide whether to give permission for a second appeal?

Answer 15

Using the same test as for first appeals with an addition to the first ground:
Whether it would have a real prospect of success and raise an important point of principle or practice.
or
Some other compelling reason to hear it.

Question 16

What form is used for second appeals?

Answer 16

The same form as for first appeals - form N161.

Question 17

Is the offending judgement still effective?

Answer 17

Yes, an appeal does not operate as a state of execution on the order of the lower court.

Question 18

An appeal from County Court District judge goes to…

Answer 18

County Court circuit judge.

Question 19

Who appeals to High Court?

Answer 19

County Court District judge dealing with non-insolvency proceedings brought pursuant to the companies act.

Question 20

Who appeals to a High Court judge?

Answer 20

County Court judge and High Court Master.

Question 21

A high court judge appeals to…

Answer 21

Court of appeal.

Question 22

What orders can the appeal court make?

Answer 22

(a) affirm, set aside or vary any order or judgment made or given by the lower court;
(b) refer any claim or issue for determination by the lower court;
(c) order a new trial or hearing;
(d) make orders for the payment of interest;
(e) make a costs order.

Question 23

When is permission not required to make an appeal?

Answer 23

appeals against:
* A committal order.
* A refusal to grant a writ of habeas corpus.
* A secure accommodation order made under section 25 of the Children Act 1989 or
section 119 of the Social Services and Well-being (Wales) Act 2014.

Question 24

What will happen to the opportunity to make an application for permission to appeal to the lower court if it is not made when the judgement is handed down?

Answer 24

The opportunity will be lost, hence they might ask for an adjournment of proceedings before the lower court to give them time to prepare and come back later.

Question 25

What happens if the application for permission to appeal from the lower court succeeds?

Answer 25

Appeal can proceed and appellant files notice of appeal by deadline directed by lower court.

Question 26

What happens if the application for permission from the lower court is not made or fails?

Answer 26

Appeal cannot proceed yet and appellant can make an application for permission to the appeal court.

Question 27

Generally, what documents must be served with the appellant's notice?

Answer 27

A copy of the order under appeal + a copy of the order granting or refusing permission to appeal + separate sheet setting out grounds of appeal. Other docs: appeal bundle (must be filed within 35 days of filing appellant's notice).

Question 28

For appeals to the court of appeal, what documents (additionally than for other courts) must be served with the appellant's notice?

Answer 28

An approved transcript of the judgement being appealed against and skeleton arguments in support of the appeal must also be served (where the complexity of the issues of fact or law in the appeal justify them or they would assist the court in respects not readily apparent from the papers in the appeal).

Question 29

What is the purpose of a skeleton argument?

Answer 29

To assist the court by setting out as concisely as practicable the argument arguments upon which a party intends to rely.

Question 30

What form must the respondent to an appeal complete?

Answer 30

A respondent's notice - form N162 when seeking permission to appeal from the appeal court or when wishing to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court.

Question 31

What type of respondent needs to serve a respondent notice?

Answer 31

A respondent who wishes to uphold the decision of the lower court, but for different or additional reasons. A respondent who wishes to ask the appeal court to vary the order of the lower court.

Question 32

When should the respondent's notice be filed?

Answer 32

Within a period directed by the lower court or if court makes no direction must be filed within 14 days after the date laid down by CPR 52. A respondent notice must be served on the appellant and any other respondent in any event not later than seven days after it is filed.

Question 33

What is an important difference with regards to evidence between normal proceedings and appeals ?

Answer 33

Appeal court will normally not have access to any new evidence and will not be able to hear evidence live as the lower courts have done.

Question 34

What is the general with regards to appeals?

Answer 34

Appeal should be reviews and the overriding objective will be applied by the court. Fresh evidence will only be allowed if it could not have been obtained with reasonable diligence for use in the lower court and would have an important influence on result and is apparently credible.

Question 35

What does review mean in terms of appeals?

Answer 35

Review means a pure court will scrutinise lower court decision and decision-making process whilst giving appropriate respect to their decision.

Question 36

How do judges sit when hearing appeals?

Answer 36

➢ County Court Circuit Judges and High Court Judges: These judges hear appeals as they would any other matter before them and will usually, therefore, sit alone (ie one judge will hear the appeal). ➢ Court of Appeal: two Lords Justice sit on interim appeals and three Lords Justice sit on final appeals. Where a two-judge court is equally divided, either party may apply for a rehearing before a three judge court. ➢ Supreme Court: generally sits in five-member courts.