Flashcards in Unit 20 - Judgements, Orders, Enforcement, Appeals Deck (88)
Appeal from a District Judge in the County Court lies to a...
Appeal from a Master or District Judge in the High Court lies to a...
...High Court judge.
Appeal from a Circuit judge lies to a...
...High Court judge.
Appeal from a High Court judge lies to...
...the Court of Appeal.
TRUE or FALSE. A decision which was itself made on appeal can only be appealed to the Court of Appeal.
Applications for permission to appeal should be made...
At the hearing at which the decision to be appealed against is made?
FALSE. Make them orally.
What form is used for appellant notices?
TRUE or FALSE. Application to appeal usually considered without a hearing.
TRUE. If refused, request for it to be reconsidered at a hearing.
On what basis can an appeal court refusing permission on the papers make an order to prevent reconsideration at a hearing?
If it considers that the application is totally without merit.
TRUE or FALSE. There is no appeal from a decision of the appeal court allowing or refusing permission to appeal.
On what basis will a second appeal be allowed?
Important point of principle or practice;
A compellng reason which justifies the grant of permission;
Appeal must have a real prospect of success.
The appellant must file an appellant's notice at the appeal court with X days after the decision that they wish to appeal.
TRUE or FALSE. Permission to appeal will only be given where the court considers that the appeal appears to have a real prospect of success or there is some other compelling reason why the appeal should be heard.
TRUE or FALSE. Appeal notices must be served only on the court as soon as practicable or not later than 7 days after filing.
FALSE. Must be served on each respondent.
Will an appeal court receive oral evidence or evidence that was not before the lower court?
Usually not, but can order otherwise.
When will a leapfrog appeal occur?
In general, only where the appeal raises an important issue of law or procedure or there is some other compelling reason for CoA to hear it.
TRUE or FALSE. Initiating an appeal generally operates to stay execution of an order/judgment under appeal.
FALSE. Generally, it doesn't. A stay should be sought from the judge who made the order, or the court being appealed to.
What will a judge consider in deciding whether to grant a stay pending appeal?
Successful litigant ought not to be deprived of fruit of judgment;
Consider risk of injustice to the parties if stay granted/refused.
Would refusal of a stay stifle the appeal?
If stay granted but appeal fails, would R be able to enforce judgment?
TRUE or FALSE. All appeals require permission to appeal.
FALSE. The exceptions under CPR 52.3(1) do not:
- Committal orders;
- Refusal to grant habeas corpus;
- Secure accommodation order under s25 Children Act 1989
What are the two routes of appeal under CPR 52?
Appeal at the hearing which you want to appeal;
Appeal to the appeal court in an appeal notice.
What is the normal route of appeal from the decision of acounty court district judge?
County Court Circuit Judge
What is the normal route of appeal from the decision of a county court circuit judge?
High Court Judge
Name one instance when an appeal from a county court circuit judge can be heard by the Court of Appeal
Where circuit judge's decision was itself an appeal;
Raises an important issue of law or procedure or there is some other compelling reason for it to be heard by the CoA
What is the usual period in which an appeal must be commenced?
Appeal notice must be filed within 21 days of the decision of the lower court.
Who may grant permission to appeal?
Judge of lower court; or
The appeal court.
(permission to appeal an appeal can only be given by CoA)
When is permission to appeal not required?
Appeal against a committal order;
Appeal against a refusal to grant habeas corpus;
Appeal against a secure accommodation order under s25 CA 1989
At what time, and how, should permission be requested from the lower court?
Orally, at the end of the hearing.
A request for permission to appeal made to the appeal court is usually decided on the papers. What can A do if permission is refused?
Ask for an oral hearing.
Will be refused if it appears that the app is totally without merit (and may even result in a civil restraint order).
If the appeal court refuses permission to appeal after an oral hearing, who hears the appeal against that decision?
However, HC and CoA have power to re-open a final determination of any appeal, including an application for permission.