DR: Appeals

Question 1

What are the two grounds on which an appeal will be allowed?

Answer 1

That the lower court’s decision was wrong (error of law, fact, or discretion) or was unjust due to a serious procedural or other irregularity.

Question 2

What procedural rule governs civil appeals and their accompanying practice directions?

Answer 2

Civil Procedure Rule 52 and Practice Directions 52A to 52E.

Question 3

When is permission to appeal not required?

Answer 3

For appeals as of right against a committal order, refusal to grant a writ of habeas corpus, or a secure accommodation order under the Children Act 1989 or the Social Services and Well-being (Wales) Act 2014.

Question 4

What are the two ways to apply for permission to appeal?

Answer 4

Orally to the lower court at the time the decision is given, or in writing to the appeal court using Form N161.

Question 5

If permission is refused by the lower court, what can the appellant do next?

Answer 5

Apply in writing to the appeal court for permission using Form N161 within the applicable time limit.

Question 6

What is the time limit for filing an appellant’s notice when seeking permission from the appeal court?

Answer 6

Within 21 days of the date of the lower court’s decision, unless the court orders otherwise.

Question 7

What test does the court apply when deciding whether to grant permission to appeal for a first appeal?

Answer 7

Whether the appeal has a real prospect of success or there is some other compelling reason why it should be heard.

Question 8

What additional requirement applies to permission for a second appeal to the Court of Appeal?

Answer 8

In addition to a real prospect of success, the appeal must raise an important point of principle or practice, or there must be some other compelling reason.

Question 9

What must an appellant’s notice include?

Answer 9

The grounds of appeal, arguments in support, the order sought, evidence relied upon, and (if permission has not been granted) a request for permission.

Question 10

When must an appellant’s notice be served on the respondent(s)?

Answer 10

As soon as practicable and in any event within 7 days after it is filed, unless the appeal court orders otherwise.

Question 11

Who must file a respondent’s notice and when?

Answer 11

A respondent who seeks permission to appeal to the appeal court or who wishes to uphold the lower court’s decision for different or additional reasons must file and serve a respondent’s notice within 14 days of becoming aware the appeal will go ahead.

Question 12

What key documents must accompany the appellant’s notice?

Answer 12

A copy of the order under appeal, any order granting or refusing permission, a separate sheet setting out the grounds of appeal, and for Court of Appeal appeals, an approved transcript of the judgment and skeleton arguments.

Question 13

What is an appeal bundle and when must it be filed?

Answer 13

A compilation of relevant documents (statements of case, transcripts, witness statements, expert reports, skeleton arguments, and key authorities) that must be filed within 35 days of filing the appellant’s notice.

Question 14

What purpose does a skeleton argument serve and what are its required features?

Answer 14

To set out concisely the arguments the party intends to rely on; it must be numbered, self-contained, cross-referenced to the bundle, define the issues, and not include extensive quotations.

Question 15

In what circumstances will the appeal court order a re-hearing rather than a review?

Answer 15

If a Practice Direction specifically provides for a re-hearing or if, in the interests of justice, the appeal court decides a re-hearing is necessary.

Question 16

What criteria govern allowing fresh evidence on appeal under Ladd v Marshall?

Answer 16

The evidence could not have been obtained with reasonable diligence for use in the lower court, would likely have an important influence on the result, and is apparently credible.

Question 17

How does the appeal court treat a lower court’s findings of witness credibility?

Answer 17

The appeal court is reluctant to interfere with findings based on oral evidence and credibility assessments, since the lower court saw and heard the witnesses firsthand.

Question 18

What power does the appeal court have regarding orders made by the lower court?

Answer 18

It may affirm, set aside, vary any order, refer issues back for determination, order a new trial, award or vary interest, and make costs orders.

Question 19

What is the effect of lodging an appeal on the enforcement of the original order?

Answer 19

An appeal does not automatically stay enforcement; a party must apply separately for a stay pending appeal under CPR 52.16 if staying enforcement would serve justice.

Question 20

What is the general route of appeals from a County Court District Judge?

Answer 20

Appeal lies first to a County Court Circuit Judge; exceptional cases may go directly to the High Court.

Question 21

To which court does an appeal from a High Court Master go?

Answer 21

To a High Court Judge.

Question 22

To which court does an appeal from a High Court Judge go?

Answer 22

To the Court of Appeal.

Question 23

Which judges hear appeals in the Court of Appeal and in what configurations?

Answer 23

Civil appeals are usually heard by three Lords Justice; interim appeals may be heard by two, with a rehearing before three if equally divided.

Question 24

What additional material must be filed for an appeal to the Court of Appeal that is not required for lower courts?

Answer 24

An approved transcript of the lower court judgment and detailed skeleton arguments for both sides.

Question 25

What is the function of Practice Direction 52A when considering appeals?

Answer 25

It restricts expert evidence to what is reasonably required and reinforces that expert duties are to the court, not instructing parties.

Question 26

When does a party need to apply for an extension of time to file an appeal?

Answer 26

If they cannot comply with the 21-day deadline, they may apply to the lower court for an extension under Practice Direction 52B.

Question 27

What is the difference between a ‘review’ and a ‘re-hearing’ on appeal?

Answer 27

A review scrutinizes the lower court’s decision and reasoning without hearing new evidence; a re-hearing involves a full retrial of evidence, permitted only in specific circumstances.

Question 28

What must a party include in the separate sheet setting out the grounds of appeal?

Answer 28

A concise statement of errors in law, fact, or procedure that render the lower court’s decision wrong or unjust.

Question 29

How are oral hearings of permission applications conducted in the Court of Appeal?

Answer 29

By default, permission applications are decided on papers; a hearing is ordered only if the judge considers the matter cannot be fairly determined on the papers.

Question 30

What is the role of a receiver of an appeal bundle?

Answer 30

None—the bundle is a compilation of evidence and authorities; no ‘receiver’ exists, but each party must ensure materials are paginated, indexed, and cross-referenced.

Question 31

What steps should a party take if the lower court’s judgment has not yet been formally drawn up?

Answer 31

The appeal time runs from the date the decision was given, not from the date of the formal order, so the party must calculate the 21-day period accordingly.

Question 32

Under what conditions can a higher court transfer a first appeal directly to the Court of Appeal?

Answer 32

In exceptional cases where the appeal raises an important point of principle or practice or there is some other compelling reason.

Question 33

What remedy is available if a judgment debtor resists enforcement but is subject to an appeal?

Answer 33

The enforcement creditor can apply for a stay of enforcement pending the outcome of the appeal, showing that enforcement would be disproportionate or unjust.