Topic 14 - Appeals

Question 1

What are the key concepts when considering an appeal?

Answer 1

• Grounds of appeal
• Permission to appeal
• Destination of an appeal

Question 2

What must an appellant satisfy the appeal court to allow an appeal?

Answer 2

One of the following grounds:
* The decision was wrong
* The decision was unjust due to serious procedural irregularity

Question 3

How is the normal practice for appeals characterized?

Answer 3

It is a review of the lower court’s decision based on existing evidence and representations

Question 4

What types of errors can make a decision in the lower court ‘wrong’?

Answer 4

• Error of law
• Error of fact
• Error in the exercise of discretion

Question 5

What is required to prove an unjust decision in the lower court?

Answer 5

The irregularity must be ‘serious’ and must have caused the decision to be unjust

Question 6

What does the appeal system involve before the appeal court will decide?

Answer 6

A ‘permission’ stage is required

Question 7

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

Answer 7

• Apply from the lower court at the time of decision
• Apply to the appeal court later

Question 8

What is the default position for applications for permission to appeal to the Court of Appeal?

Answer 8

Determined on the papers alone unless an oral hearing is deemed necessary

Question 9

What is the general time limit for making an appeal?

Answer 9

21 days from the date of the lower court’s decision

Question 10

What must the court consider when granting permission for first appeals?

Answer 10

• The appeal has a real prospect of success
• There is a compelling reason to hear the appeal

Question 11

What is the test for granting permission for second appeals?

Answer 11

• The appeal has a real prospect of success and raises an important point of principle or practice
• There is a compelling reason for the Court of Appeal to hear it

Question 12

What happens if permission is granted?

Answer 12

The appeal can proceed and the appellant’s notice initiates the appeal

Question 13

What is the general rule regarding stays of execution on the lower court’s order during an appeal?

Answer 13

An appeal does not operate as a stay of execution

Question 14

What is meant by the ‘route’ of an appeal?

Answer 14

Refers to which court/judge will be the appeal court for the lower court’s decision

Question 15

What orders can the appeal court make?

Answer 15

• Affirm
• Set aside
• Vary any order
• Refer for determination by lower court
• Order a new trial or hearing
• Make orders for payment of interest
• Make a costs order

Question 16

What are the three exceptions where permission to appeal is not required?

Answer 16

• Appeals against a committal order
• Refusal to grant a writ of habeas corpus
• Secure accommodation order under specific acts

Question 17

What happens if the application for permission to appeal to the lower court is successful?

Answer 17

The appeal can proceed and the appellant must file notice of appeal by the deadline

Question 18

What happens if the application for permission to appeal is not made or fails?

Answer 18

The appeal cannot proceed yet; the appellant can apply for permission to the appeal court

Question 19

What form is used to apply for permission to appeal?

Answer 19

Form N161

Question 20

What is the appellant’s notice (Form N161)?

Answer 20

A document filed to initiate an appeal and request permission to appeal

It includes details of the grounds for appeal and supporting documentation.

Question 21

How is the application for permission to appeal normally considered?

Answer 21

On the basis of the papers alone and without an oral hearing

Exceptions may occur where the judge decides an oral hearing is necessary.

Question 22

What must the order refusing permission to appeal specify?

Answer 22

The court to which any further application for permission should be made and the level of judge who should decide the application.

Question 23

What is the default position for applications for permission to appeal to the Court of Appeal since 2016?

Answer 23

Determined on the papers alone, unless an oral hearing is deemed necessary by the judge.

Question 24

What is the time limit for making an appeal after a lower court’s decision?

Answer 24

21 days from the date of the lower court’s decision

This is outlined in CPR 52.12(2)(b).

Question 25

What does a stay pending appeal mean?

Answer 25

An appeal does not operate as a stay of execution on the order of the lower court.

Question 26

What are the two grounds on which an appeal court will allow an appeal?

Answer 26

* Wrong decision by the lower court * Unjust due to serious procedural irregularity

Question 27

What constitutes a 'wrong' decision in the context of an appeal?

Answer 27

* Error of law * Error of fact * Error in the exercise of discretion

Question 28

What is required for a second appeal to be granted permission by the Court of Appeal?

Answer 28

* Real prospect of success * Raises an important point of principle or practice * Compelling reason for the appeal to be heard

Question 29

What happens if permission to appeal is granted?

Answer 29

The appeal can proceed, and the appellant’s notice doubles as the document initiating the appeal.

Question 30

What additional documents must be filed with the appellant’s notice for appeals to the Court of Appeal?

Answer 30

* Approved transcript of the judgment * Skeleton arguments in support of the appeal

Question 31

When must a respondent’s notice be filed?

Answer 31

Within 14 days after the date the respondent became aware of the appeal, unless directed otherwise by the lower court.

Question 32

What is an appeal bundle?

Answer 32

A compilation of documents relevant to the appeal, required for use at the appeal hearing.

Question 33

What is the purpose of skeleton arguments in the appeal process?

Answer 33

To outline the arguments and issues involved in the appeal.

Question 34

What is the test for granting permission for first appeals?

Answer 34

The appeal must have a real prospect of success or present a compelling reason to be heard.

Question 35

Fill in the blank: Judgments and orders take effect from the date they are given or made or such later date as the court may specify: CPR 40.7(1). A delay in formally drawing up a judgment or order will not delay time running for the purpose of making an appeal. The general rule is that an appeal does not operate as a _______.

Answer 35

stay of execution.

Question 36

What are the different routes of appeal from a County Court District Judge?

Answer 36

* To County Court Circuit Judge * To High Court (non-insolvency Companies Act matters) * To Court of Appeal (exceptional circumstances)

Question 37

True or False: An appellant's notice is required in every case, regardless of whether permission to appeal has been granted.

Answer 37

True.

Question 38

What document must be served on each respondent after filing the appellant’s notice?

Answer 38

Appellant’s notice must be served as soon as practicable, not later than 7 days after it was filed.

Question 39

What can lead to an unjust decision in the lower court?

Answer 39

A serious procedural irregularity that causes the decision to be unjust.

Question 40

What must the appeal court assess when reviewing the grounds of appeal?

Answer 40

The decision of the lower court based on the evidence and representations it heard.

Question 41

What is the significance of the case Swain v Hillman [2001] 1 AER 91 in relation to appeals?

Answer 41

It defines that a real prospect of success means that the prospect must be realistic rather than fanciful.

Question 42

What is the purpose of a skeleton argument?

Answer 42

To assist the court by setting out as concisely as practicable the arguments upon which a party intends to rely ## Footnote A skeleton argument must be concise and self-contained.

Question 43

What are the key requirements for a skeleton argument?

Answer 43

* Be concise * Define and confine areas of controversy * Set out in numbered paragraphs * Cross-reference relevant documents * Be self-contained * Not include extensive quotations

Question 44

What is the normal practice regarding appeals?

Answer 44

Appeals take the form of a review of the lower court’s decision based on the evidence and representations heard by the lower court ## Footnote This is outlined in CPR 52.21.

Question 45

What is the general rule regarding new evidence in appeals?

Answer 45

The appeal court will not receive evidence that was not before the lower court unless ordered otherwise ## Footnote This is stated in CPR 52.21(2).

Question 46

What does 'review' mean in the context of appeals?

Answer 46

The appeal court scrutinises the lower court’s decision while giving appropriate respect to that decision.

Question 47

In which situations may a re-hearing occur?

Answer 47

* When a practice direction makes provision for it * When it would be in the interests of justice

Question 48

What factors make a decision more amenable to review?

Answer 48

A decision based on an analysis of documentary material is often more amenable to review.

Question 49

What is the general rule regarding fresh evidence as per Ladd v Marshall?

Answer 49

Fresh evidence will not be allowed unless it could not have been obtained with reasonable diligence, would probably influence the result, and is apparently credible.

Question 50

What discretion does the appeal court have regarding new points, facts, and law on appeal?

Answer 50

The appeal court has discretion to allow new points, facts, and law, but it will tread carefully to avoid prejudice to the respondent.

Question 51

Who typically hears appeals in the County Court and High Court?

Answer 51

County Court Circuit Judges and High Court Judges usually hear appeals alone.

Question 52

How many judges generally sit in the Court of Appeal for final appeals?

Answer 52

Three Lords Justice sit on final appeals.

Question 53

What orders can the appeal court make according to CPR 52.20(2)?

Answer 53

* Affirm, set aside, or vary any order or judgment * Refer any claim or issue for determination by the lower court * Order a new trial or hearing * Make orders for the payment of interest * Make a costs order

Question 54

True or False: The appeal court can replace the lower court’s judgment with its own.

Answer 54

True

Question 55

Fill in the blank: The appeal court will not interfere with a lower court judge’s exercise of discretion unless it was based on a __________.

Answer 55

[error of law]