Appeals Flashcards
(19 cards)
The appeal court will allow an appeal where the decision of the lower court was either
wrong or unjust
Key considerations for an appeal
Grounds - grounds of appeal and likelihood of success
Permission
Destination - which court?
The appellant will need to obtain permission from either
the lower court OR the appeal court
Two possible timings for “permission stage”
Apply orally for permission from the lower court when the judgment is made; OR
make the application to the appeal court later, in writing using Form N161
Oral permission hearings at Court of Appeal are listed within
14 days
If the appeal court is the County Court or High Court, then if that appeal court refuses the paper application for permission, the appellant can request
that it be reconsidered at an oral hearing
General time limit for obtaining permission to appeal
An appeal (including the application for permission if this has not already been granted) must be made within 21 days of the date of the lower court’s decision and using Form N161 – the ‘Appellant’s notice’
How will the court (be it the lower court or the appeal court) decide whether to grant permission for an appeal?
Permission to appeal will be granted where the court considers:
the appeal would have a real prospect of success; or
there is some other compelling reason why the appeal should be heard
Second appeal
appeals of the decision made on the first appeal of a lower court’s decision
When will the Court of Appeal grant permission for a second appeal?
the appeal would have a real prospect of success and raise an important point of principle or practice; or
there is some other compelling reason for the Court of Appeal to hear it
Form for the appellant to provide details of the grounds of their appeal and other info, evidence and supporting documentation
The appellant’s notice (Form N161)
Does an appeal stay the execution in the lower court?
No, an appeal does NOT operate as a stay of execution on the order of the lower court
General rule for where to appeal to
appeal lies to the next level of judge in the court hierarchy
Appeal from County Court District Judge to
County Court Circuit Judge
Appeal from County Court Circuit Judge to
High Court Judge
Appeal from High Court Master to
High Court Judge
Appeal from High Court Judge to
Court of Appeal
Appeal from County Court District Judge in non-insolvency proceedings relating to CA 1985/2006 to
High Court
Powers of an appeal court
affirm, set aside or vary any order or judgment made or given by the lower court;
refer any claim or issue for determination by the lower court;
order a new trial or hearing;
make orders for the payment of interest;
make a costs order; dismiss the appeal
