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Civil appeals

QuestionAnswer
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
Created by: Rich Whitaker