Civil Appeals Detailed

Detailed account of Civil Appeals made by my AS law teacher 

HideShow resource information
Preview of Civil Appeals Detailed

First 362 words of the document:

Civil Appeals
From the Small Claims Court of the County Court
If the case is heard by a District Judge the case will appeal to a Circuit judge. If the case is
dealt with by a Circuit judge then the case will appeal to a High Court. There is a further right of
appeal to the Court of Appeal but this is only in exceptional circumstances. This right of appeal
became available in October 2000.
From the County Court
Appeals based on alleged errors of law and fact are made to the Court of Appeal Civil Division.
The Court of Appeal does not hear all the evidence again but considers it on the basis of the
notes made by the trial judge. The Court of Appeal may affirm, vary (e.g. alter the amount of
damages) or reverse the judgment of the County Court. However, the Court of Appeal is
reluctant to overturn the trial judge's finding of fact because they have observed the case at first
hand. From the Court of Appeal, there may be a further appeal to the Supreme Court but leave
must be granted.
From the High Court
Cases appeal to the Court of Appeal Civil Division. The case is examined through transcripts as
above. From there further appeal may be made to the House of Lords, with leave.
The exception to this process is the `leapfrog' procedure, provided for in the Administration of
Justice Act 1969. Under this procedure, an appeal can go directly from the High Court to the
House of Lords missing out the Court of Appeal. In order to use this procedure, all parties must
consent to it and the High Court judge who heard the original trial must certify that the appeal is
on a point of law. The trial judge has a discretion whether or not to grant this certificate, and
there is no right of appeal against this decision. Even if a certificate is granted, leave will still
need to be obtained from the House of Lords.


No comments have yet been made

Similar Law resources:

See all Law resources »See all resources »