Appeals - Civil Courts Flashcards
(13 cards)
Who hears an appeal in a small claims case from the County Court?
The next judge up in the hierarchy.
In fast track cases, who hears the first appeal if the original case was heard by a District Judge?
A Circuit Judge.
In fast track cases, who hears the first appeal if the original case was heard by a Circuit Judge?
A High Court Judge.
Can fast track cases be appealed a second time?
Yes, but only in exceptional circumstances.
What are the requirements for a second appeal in fast track cases to the Court of Appeal?
There must be either: an important point of principle or practice, or some other compelling reason.
Where do final decisions in County Court multi-track cases go on appeal?
To the Court of Appeal.
Where do appeals from the High Court usually go?
To the Court of Appeal (Civil Division).
What is a “leapfrog appeal”?
An appeal that skips the Court of Appeal and goes directly from the High Court to the Supreme Court.
When is a leapfrog appeal allowed?
When the case involves an issue of national importance, or the Court of Appeal is bound by one of its own previous decisions.
What is required to bring a leapfrog appeal to the Supreme Court?
Permission (leave) from the Supreme Court.
Are leapfrog appeals common?
No, they are rare.
Can there be a further appeal from the Court of Appeal?
Yes, to the Supreme Court.
What is required for an appeal from the Court of Appeal to the Supreme Court?
It must be on a point of law, and leave (permission) is needed — either from the Court of Appeal or the Supreme Court.
