civil appeal

civil appeal

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  • Created on: 22-03-11 18:49
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CIVIL APPEALS
A civil appeal is an appeal on an error of law or fact. The appeal court does not usually
hear all evidence again but considers the appeal on the basis of notes made by the
original trial judge (i.e. by using the transcript). S/he can then either confirm or reverse
the decision.
Civil Appeals
Civil appeals can be made by either party
The aim is to put "right" any unjust or incorrect decision.
Civil appeals normally (merely) review the decision of the (original) trial
judge/read transcripts and do not hear all the evidence again.
FROM THE COUNTY COURT
Appeals are made on alleged errors of the law or fact. From the court, appeal is usually
made to the Civil Court of Appeal. The court does NOT hear all the evidence again but
considers the appeal on the basis of the notes made by the original trial Judge.
FROM THE HIGH COURT
Appeals can be made to the Court of Appeal (using transcripts) and from there (if given
leave) to the House of Lords. However it is possible to leapfrog the Court of Appeal (and
go straight to the House of Lords) on the point of law ­ if all parties (including the
original High Court Judge) agree.
FROM CIVIL JURISDICTION OF THE MAGISTRATES COURT
Appeals of family issues go to the Family Division of the High Court (and from there with
leave ­ to the Court of Appeal and the House of Lords).

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