The civil courts’ appeals procedure and appellate courts Flashcards
(21 cards)
Where is the first appeal from a District Judge in the County Court?
To a Circuit Judge in the same County Court
Where is the appeal from a Circuit Judge in the County Court?
To a High Court Judge
Where do appeals from the High Court normally go?
To the Court of Appeal (Civil Division)
What is a leapfrog appeal and when can it be used?
Appeal from a High Court directly to Supreme Court under Administration of Justice Act 1969, if the case involves a point of law of general public importance
What types of appeals does the Civil Division of the Court of Appeal hear?
Appeals from County Court and High Court on law, fact, or procedural irregularity
When can a civil case be appealed to the Supreme Court?
If it involves a point of law of general public improtance and permission to appeal is granted
Why is permission needed to appeal to higher courts
To filter out weak cases and protect court resources; required for Court of Appeal and Supreme Court
When is a second appeal allowed in civil cases?
Only under s55 Access to Justice Act 1999 if the case involves a significant legal principle or compelling reason
What powers do appellate courts have?
They can uphold, reverse, vary, or order a retrial
What is the basic appeal route for a County Court case?
District Judge –> Circuit Judge
Circuit Judge –> High Court
Then –> Court of Appeal –> Supreme Court (if permission granted)
How does the appeals process support fairness?
Allows decisions to be reviewed and errors corrected, ensuring justice is served
Why is the appeals structure criticised for complexity?
Different appeal routes depending on judge level can be confusing, especially for litigants in person
What is a benefit of higher courts hearing appeals?
Decisions are reviewed by more experienced judges, improving legal interpretation and consistency
What are practical downsides of civil appeals?
Appeals are often expensive and time-consuming, discouraging valid appeals and delaying resolution
How does the appellate system shape the law?
Higher courts set binding precedent, helping th elaw evolve and remain consistent
Why might appeals limit access to justice?
Needing permission to appeal and high legal fees may prevent ordinary individuals from challenging unfair outcomes
How do permission rules benefit the system?
Ensure only serious or legally significant cases are heard, protecting judicial time and reducing backlog
Why might parties avoid appealing even with good grounds?
They may feel pressure to accept the decision due to costs, time, or stress of extended proceedings
Why is the Supreme Court valuable in civil appeals?
Acts as the final court of appeal, providing clarity on key legal principles that guide all lower courts
What fairness concern exists in appeals?
Wealthier parties are more likely to afford appeals, creating a power of imbalance in civil justice
