Appeals Civil Flashcards
(16 cards)
Who can appeal a civil case?
Either party
What is required to appeal a civil case?
Permission to appeal for almost all
Who does permission need to be obtained from in civil appeals?
Either the court of first instance or from relevant appellate court
What test is used for permission to appeal a civil case
There is a real prospect of success
A compelling reason why
When can a case be considered by the court of appeal or Supreme Court?
Only when it raises an important point of principle or practice
Which courts are appellate courts and only consider the question of law
Court of Appeal & Supreme Court
In civil cases appeals from the high court are considered where?
COA
Is permission needed to appeal to the COA?
Yes
For a civil case to be heard in the COA what must it involve?
A matter of law of general importance
What is the leapfrog procedure in civil appeal cases?
Appeal from a High Court straight or Supreme Court - v rare
What parties can appeal from the COA to Supreme Court?
Either party from criminal & civil cases
Civil case appeals don’t need to be considered by a different court but by whom
A more senior judge
What rights of audience do Barristers acquire?
Rights of audience in all courts
What rights of audience do Solicitors acquire?
Rights of audience In the lower courts
Can solicitors obtain higher rights of audience?
Yes two separate rights one for civil one for criminal for senior courts
Appeal from a DJ NEXT STEPS
Under CPR 52.3(2), an application for permission to appeal should first be made to the District Judge who heard the case) if not practicable, in writing within the time specified (typically 21 days, per CPR 52.12). the appeal is heard by a Circuit Judge
