Appeals - CPR 52

Question 1

What is the general rule?

Answer 1

21 day period is what we work with.
We don’t think about 7 or 14 days, it’s usually 21 days.
21 days after the decision of the lower court.

Question 2

What can you appeal?

Answer 2

A substantive appeal - there’s an issue with substance; the decision was wrong or there’s an irregularity or procedural issue that’s made the decision unjust.
A review of what’s happened.
New evidence which has come to light.
The decision is wrong or unjust.

Question 3

The routes of appeal -

Answer 3

Lowest level - County Court DJ - they can appeal to County Court circuit judge.

High court masters (aka DJ) - they appeal to a HC judge but if it’s a multi-track part 7 claim, then it goes straight to CoA rather than HC judge.

County court circuit judge - they appeal to HC judge.

Question 4

CC with DJ - where does the appeal go?

Answer 4

Circuit judge in CC

Question 5

HC with a master/DJ

Answer 5

Goes to HC judge

Question 6

CC circuit judge

Answer 6

Goes to HC judge (not master or DJ)

Question 7

High court judge

Answer 7

Court of Appeal

Question 8

Court of appeal

Answer 8

Supreme Court

Question 9

Second appeals

Answer 9

Court of appeal

Question 10

Example of second appeal

Answer 10

CC DJ appealed and gone to CCCJ, appeal again (2nd appeal), then goes to COA

Question 11

COA won’t trust CC judge to make a determination on whether something is to be appealed.

Question 12

Do you need permission from COA to appeal?

Answer 12

Yes

Question 13

At the end of a hearing, you ask the judge for permission to appeal (this is 1st appeal) and lower court can do this.
But for 2nd appeal, need COAs permission.

Question 14

Multi track part 7 claims - complex and already in HC - if its a final decision, where will it go?

Answer 14

Will go straight to COA

Question 15

What are fast track appeals?

Answer 15

Only for cases requiring urgent senior judicial attention - special route from lower court to COA - it’s possible for a lower court to go straight to COA; they can ignore CCDJ, CCCJ, HC Master and HC Judge, they can bypass all these judges and go straight to COA.
The case will be on a novel area of the law that needs urgent clarification.

Question 16

Is permission to appeal always required?

Answer 16

Yes, unless is’s an appeal against a committal order or refusal to grant habeas corpus (a writ requiring someone under arrest to be brought before a judge) or extreme scenarios eg someone kept in prison.

Question 17

Need permission within __ days?

Answer 17

Need to get permission within 21 days (or whatever the court says, they might say 14 days, as court has discretion but usually 21 days). Can’t be longer than 35 days.

Question 18

How many days to file appellants notice?

Answer 18

File appellants notice within 21 days of the decision, serve it within 7 days.
Need to have a transcript of the decision.

Question 19

You’ll do skeleton and bundle within appellants notice or within ___ days of it.

Answer 19

14 days of it

Question 20

Court will look at appellants notice, wait ___ days to see if R has filed a respondents notice, then they’ll ask for the appeals questionnaire to be filled out.

Answer 20

14 days

Question 21

Appeal example - DJ in CC

Answer 21

Ask permission to appeal orally at end of hearing, permission granted then do costs last. However, if permission isn’t granted, you’ll write up an appeal notice to HC asking for permission to appeal, then HC will either allow it or not.
If they refuse to it, you can request a hearing.

Question 22

Does the respondent need to turn up to the hearing?

Answer 22

No. Whatever the decision is regarding the appeal at the hearing is final.

Question 23

Request oral hearing within ___ days of refusal

Answer 23

7 days of refusal

Question 24

Test for appeal?

Answer 24

Appeal has real prospect of success OR some other compelling reason

Question 25

Who does respondent do in appeal cases?

Answer 25

Appellant - the one that wants to appeal. Respondent - defendant. R can think that the court's decision was right but for other reasons, then he can file a respondents notice.

Question 26

What does R do in cross appeal?

Answer 26

R can say it was the right decision but there's other reasons why it was done, this must be done within 14 days. The first party to file is called the petitioner or appellant , and its request for review is an appeal. If an opposing party (called the respondent or appellee ) also wishes to request review of a lower court's decision, that request is called a cross-appeal.

Question 27

Appeal hearingN?

Answer 27

An appeal is not a rehearing of the entire case, it's just a review of the previous decision.

Question 28

Can you introduce new evidence at appeal hearing?

Answer 28

No

Question 29

Is there an exception to introducing new evidence at an appeal hearing?

Answer 29

Only when it's important/decisive

Question 30

Staying proceedings - does appeal process itself result in an automatic stay?

Answer 30

No

Question 31

When do you request a stay?

Answer 31

You wanna request a stay at the same time as an appeal. Staying the enforcement, so you're tryna prevent the enforcement of the judgment taking place before the appeal hearing.

Question 32

What is an appeal court?

Answer 32

Appeal court is a court to which an appeal is made but doesn't include supreme court

Question 33

Permission to appeal - 52.3

Answer 33

Permission to appeal from CoA to Supreme Court - the application must be made within 28 days after the date of the decision of the court of appeal which the appellant wishes to appeal - 52.3B

Question 34

Determination of applications for permission to appeal to County Court and High Court - cpr 52.4 -

Answer 34

Where an application for permission to appeal is made to an appeal court other than the CoA, the appeal court will determine the application on paper w/o an oral hearing, unless court directs otherwise.

Question 35

Where in the appeal court a judge of the HC, a Designated Civil Judge or a specialist circuit judge refuses permission to appeal w/o an oral hearing and considers that the application is totally w/o merit, the judge may make an order that the person seeking permission may not request the decision to be reconsidered at an oral hearing

Question 36

Meaning of specialist circuit judge?

Answer 36

any judge (circuit) in the County Court nominated to hear cases in the Circuit Commercial, Chancery or Technology and Construction court lists

Question 37

Rules 3.3(5) regarding setting aside decisions made by the court on its own initiative, doesn't apply to decisions under para 3

Question 38

Any request for reconsideration must be filed within ___ days after receiving notice of refusual

Answer 38

7 days

Question 39

52.4 - Additional requirement on the basis that the CoA will decide whether they take the appeal or not, they'll do it on the written application, unless they decide that an oral hearing is required. It gives them that discretion.

Question 40

52.6 - permission to appeal test - first appeals:

Answer 40

Court considers that the appeal would have a real prospect of success; or there's some other compelling reason for the appeal to be heard.

Question 41

52.7 - permission to appeal - second appeals:

Answer 41

Permission is required from CoA for any appeal to that court, from a decision of the County Court, Family Court or the HC which itself was made on appeal

Question 42

CoA won't give permission unless the appeal would -

Answer 42

i) have a real prospect of success; and ii) raise an important point of principle or practice; or there's some other compelling reason for CoA to hear it.

Question 43

52.12 - Appellants notice:

Answer 43

Where the appellant seeks permission from the appeal court, it must be requested in the appellants notice. Appellants notice must be filed at appeal court within 21 days after the date of the decision of the lower court which the appellant wishes to appeal. A.N must be served on R ASAP or no later than 7 days after its filed. 28 days from CoA to supreme court. 21 days from any other court.

Question 44

52.13 - Respondents notice:

Answer 44

A R.N must be filed within 14 days. A R.N must be served pm A ASAP or no later than 7 days after its filed.

Question 45

52.14 - Transcript at public expense.

Question 46

52.17 - Does an appeal operate as a stay to the proceedings?

Answer 46

No, you must order a stay seperately

Question 47

Can you amend an appeal?

Answer 47

Only with permission of the court, otherwise it'll be struck out

Question 48

52.21 - Hearing of appeals

Answer 48

An appeal is a review of the decision, not a repeat of the case.

Question 49

What are the grounds for an appeal?

Answer 49

Decision is wrong or unjust

Question 50

At the hearing you can only talk about stuff contained in your notice - true or false?

Answer 50

True

Question 51

52.23 - If there's an appeal at first instance but the court thinks its more suitable for CoA, then can send it to CoA - true or false?

Answer 51

True

Question 52

52.30 - reopening of final appeals - court won't reopen it unless it will avoid a real injustice. True or false?

Answer 52

True