click below
click below
Normal Size Small Size show me how
Civil appeals
Question | Answer |
---|---|
Civil appeals - what do you need to know? | 1. why we need appeals 2. appeals from the County Court 3. appeals from the High Court 4. appeals from the Court of Appeal 5. appeals from the Supreme Court |
Why do we need an appeals procedure for civil cases? | To protect against decision that is wrong - Judge does not apply precedent or Act of Parliament - or appeal against award |
Describe the civil courts of first instance | County Court and High Court - original hearing, evidence, witnesses etc |
Name the appeal courts | Court of Appeal, Supreme Court, European Court of Justice (ECHR) |
What happens in an appeal hearing? | Appeal court only looks at incorrect decision, no witnesses etc |
How can you appeal against a small claims track decision in the County Court? | Appeal to next judge up the hierarchy, still heard in County Court (e.g. DJ to CJ) |
How do you appeal against a fast track County Court decision? | First hearing by CJ - appeal heard by Hight Court Judge |
Is a second appeal available for fast track cases? | YES to Court of Appeal only in EXCEPTIONAL CIRCUMSTANCES involving either (1) important point of principle or (2) some other compelling reason |
How do you appeal against a multi track County Court decision? | County Court multi track (£25-50K) appeal to Court of Appeal - again only in EXCEPTIONAL CIRCUMSTANCES |
Act that governs appeals to Court of Appeal from the County Court… | Access to Justice Act 1999 s.55 only in EXCEPTIONAL CIRCUMSTANCES involving either (1) important point of principle or (2) some other compelling reason |
What is the normal route of appeal from the High Court, and what does the party need to get first...? | Court of Appeal (civil division) appellant must obtain PERMISSION from either lower court of COA, permission granted where good prospects of success or some other compelling reason |
There is a special route of appeal available from the High Court, called a ……………………… appeal | LEAPFROG - must involve a POINT OF LAW OF GENERAL PUBLIC IMPORTANCE that involves interpretation of statute or binding precedent of COA/SC/HOL |
Leapfrog appeals are heard by which court? | Supreme Court |
Leapfrog appeals can only be made if…? | must involve a POINT OF LAW OF GENERAL PUBLIC IMPORTANCE that involves interpretation of statute or binding precedent of COA/SC/HOL |
What route of appeal is available from the Court of Appeal? | To the SUPREME COURT but PERMISSION to appeal is required |
Appeals to the Supreme Court need ………….. and must relate to a ………………… | LEAVE to appeal (permission from either the COA/SC) and must relate to a POINT OF LAW |
Case example of a point of law that appealed to the House of Lords? | Herrington v BRB - does a landowner owe a general duty of care to trespassers? |
The final appeal from the Supreme Court is to the ………………… and must involve …………………….. (examples?) | European Court of Justice involving EU law (or ECHR for issues under Human Rights Act 1998) e.g. Abu Qatada and right of no torture |
ANY court in England can refer to the European Court of Justice under Article ……. of ……… when …… | Article 267 TFEU 2009 referral to the ECJ for declaration, where English law contradicts EU law E.g. Factortame No2 case with Spanish fishermen taking our quotas |