Appeals (Solicitor) Flashcards
(13 cards)
Under what circumstances will the court grant permission for a first appeal?
A. When the appeal has a real prospect of success or there is some other compelling reason
B. When the lower court failed to follow court etiquette
C. When a party simply disagrees with the outcome
D. When a party did not attend the first hearing
A. When the appeal has a real prospect of success or there is some other compelling reason
Explanation: Under CPR 52.6, permission is granted where there is a real prospect of success or another compelling reason for an appeal to be heard.
What is the usual time limit to file an appeal including permission, if needed?
A. 14 days from the sealed judgment
B. 21 days from the date the judgment or order was made
C. 28 days from the end of trial
D. Within 7 days of the judgment being drawn up
B. 21 days from the date the judgment or order was made
Explanation: CPR 52.12(2)(b) sets a 21-day deadline for filing the appeal from the date judgment is given, not when it’s drawn up.
Which court would normally hear an appeal from a County Court Circuit Judge?
A. High Court Judge
B. Court of Appeal
C. Another Circuit Judge
D. Master of the High Court
A. High Court Judge
Explanation: According to PD 52A para 3.5, appeals from County Court Circuit Judges usually go to High Court Judges, unless it is a second appeal.
What is the correct effect of starting an appeal on the lower court’s judgment?
A. The appeal suspends the judgment automatically
B. The appeal automatically changes the order
C. The appeal does not stay the judgment unless the court orders otherwise
D. The appeal must be heard before the judgment is drawn up
C. The appeal does not stay the judgment unless the court orders otherwise
Explanation: CPR 52.16 confirms that an appeal does not stay the lower court’s judgment unless a stay is specifically granted.
A judge refused to hear a party’s evidence and gave judgment against them. What is the strongest ground of appeal?
A. The judge made a factual error
B. There was a serious procedural irregularity that made the result unjust
C. The judgment lacked clarity
D. The party was unhappy with the judge’s tone
B. There was a serious procedural irregularity that made the result unjust
Explanation: CPR 52.21(3)(b) allows appeals where serious procedural irregularities render a decision unjust, even if the judgment is technically correct.
The appellant wants to rely on new evidence not available at the first hearing. Will the appeal court admit it?
A. Yes, if the evidence would likely change the outcome and could not have been obtained earlier
B. Yes, automatically in all appeals
C. No, new evidence is never accepted
D. Only if both parties agree
A. Yes, if the evidence would likely change the outcome and could not have been obtained earlier
Explanation: The appeal court may admit new evidence in rare cases, but only if it’s significant and genuinely unavailable at the time of the original hearing.
A High Court Judge has made a ruling. Which court will hear the first appeal?
A. Court of Appeal
B. Supreme Court
C. Master of the High Court
D. County Court Circuit Judge
A. Court of Appeal
Explanation: Appeals from a High Court Judge go to the Court of Appeal (CPR 52 and PD 52A), unless it’s a second appeal or exceptional case.
A party applies to appeal after 30 days without requesting an extension. What is likely to happen?
A. The court may refuse the appeal unless an extension of time is granted
B. The appeal proceeds automatically
C. The court must hear the appeal
D. The appeal will be heard at the Supreme Court
A. The court may refuse the appeal unless an extension of time is granted
Explanation: Appeals must normally be made within 21 days. A delay requires the court’s permission under CPR 52.12.
Which of the following statements about second appeals is correct?
A. The Court of Appeal grants them freely
B. Second appeals require both a real prospect of success and an important point of law or compelling reason
C. Second appeals are usually faster and easier
D. They do not need permission if the party already lost once
B. Second appeals require both a real prospect of success and an important point of law or compelling reason
Explanation: CPR 52.7 states that second appeals have stricter requirements and are only permitted in more significant cases.
The appellant wants the appeal court to overturn the lower court’s judgment. Which order can the appeal court NOT make?
A. Affirm the lower court’s decision
B. Set aside the judgment
C. Order a new trial
D. Rewrite the witness statements
D. Rewrite the witness statements
Explanation: CPR 52.20 allows the appeal court to affirm, vary, or set aside judgments, but not to rewrite witness statements, which are part of trial evidence.
A judgment was made against a company, and the directors were not informed until the time to appeal had nearly expired. What is the correct course of action?
A. Appeal immediately without permission
B. File a late appeal and request an extension of time, explaining the delay
C. Wait to see if enforcement begins, then appeal
D. Ask the lower court to ignore the judgment
B. File a late appeal and request an extension of time, explaining the delay
Explanation: Under CPR 52.12(2)(a) and 52B PD 3, a party may apply for an extension of time for appeal if there is a good reason. Late service does not bar an appeal if properly justified.
Which of the following is a valid ground for allowing a civil appeal in England and Wales?
A. The appellant was dissatisfied with the outcome
B. The appellant was not represented by a lawyer
C. The decision of the lower court was wrong in law or fact
D. The court did not provide written reasons for judgment
C. The decision of the lower court was wrong in law or fact
Explanation: Under CPR 52.21(3), a court may allow an appeal if the decision was wrong due to an error of law, fact, or discretion — not simply because the appellant is unhappy or unrepresented.
A defendant applies for permission to appeal 30 days after a County Court judgment was handed down. Which of the following best reflects how the court will respond?
A. The appeal is automatically accepted because the delay was under 60 days
B. The appeal will be rejected outright as being out of time
C. The court may consider granting an extension if there is a good reason for the delay
D. The appeal must be filed again from scratch using Form N244
C. The court may consider granting an extension if there is a good reason for the delay
Explanation: Although the general time limit is 21 days (CPR 52.12), the court may extend time where justified, for example if there were procedural issues or new evidence — but the appellant must apply for that extension and explain the delay.
