Appeals from Civil Courts Flashcards
(8 cards)
From which two courts can civil appeals initially be made from ?
-Country court
-High Court
In appeals from the county court, how is an appeal in a small claims case managed ?
The appeal is heard by the next judge up in the hierarchy from the judge who initially heard the case
- (District Judge -> Circuit Judge )
In appeals from the county court, how is an appeal in a fast track case managed ?
Same as small claims, meaning if the case was heard by a District Judge at first instance, then the first appeal will be heard by a Circuit Judge, while if the case was heard by a Circuit Judge at first instance, then the first appeal is heard by a High Court Judge.
In what instances, from the county court, can a second appeal be made to the Court of Appeal in fast track cases ?
Can only be done in “exceptional cases” where the Court of Appeal considers there is an “important point of principle or practice” or there is “some other compelling reason”.
In appeals from the county court, how is an appeal in a multi-track case managed ?
If the case was decided by the County Court at first instance then the appeal is to the Court of Appeal.
What is the appeals process for appeals from the High Court ?
If the High Court heard the case at first instance, the appeal usually goes to the Court of Appeal (Civil Division).
In appeals from the High Court, what is the appeals process for a second appeal, from the Court of Appeal ?
Appeals from the Court of Appeal are sent to the Supreme Court, however this is only if the case is an issue of “national importance”.
For appeals from the High Court, in which circumstances is a “leapfrog appeal”, to the Supreme Court permitted ?
Only if an issue of “national importance” is involved or the Court of Appeal is bound by one of its own previous decisions. This enables the Court of Appeal to be bypassed, this is rare, and permission is needed the Supreme Court, known as “leave”.
