Legal Method - The Civil Appeals System

?
  • Created by: Alasdair
  • Created on: 29-10-20 19:14
In a civil case, what does the party who wishes to appeal require?
Requires permission of court to appeal.
1 of 31
In a civil case, who should appellant first apply for to for permission?
The court who made the decision being appealed against. In practice, this will be done by making oral request to judge after they delivered judgement.
2 of 31
Who does appellant in civil case apply to permission from if judge who issued the judgement refuses appeal?
Must make written request for permission to appeal which will be considered by Court of Appeal (Civil Division)
3 of 31
In Civil Procedure Rules, what are the only reasons permission to appeal will be given?
If the court considers that the appeal has a real prospect of success or if there is some other compelling reason why the appeal should be heard.
4 of 31
Why are these the reasons Civil Procedure Rules only grant permission to appeal?
To prevent system from becoming inundated with spurious appeals.
5 of 31
Why are Civil appeals generally based on law, not fact?
Because judge may justifiably reach a number of conclusions based on factual evidence, depending upon credibility of witnesses and other matters.
6 of 31
What would an appeal on facts only succeed on?
If the decision is beyond this range of reasonable conclusions.
7 of 31
What is an appeal on a point of law tountamount to?
Saying that the court got law wrong and this is a more straightforward point to argue.
8 of 31
In a civil case, is a judge accepting the defendant's version of events a point of fact or law?
It is a point of fact and not a valid basis for an appeal as it not unreasonable conclusion for the judge to reach.
9 of 31
Is misstating the law a point of law or fact?
A point of law and could form basis of appeal.
10 of 31
How is an appeal in a civil appeal argued?
Due to appealing on a point of law, appellant will present legal argument to appellate court to try to persuade higher court that court at first instance got law wrong. Unlike at first instance, appellant is not generally permitted to call any witnesses.
11 of 31
High Court
Also an appeal court. Most appeals from County Court will be heard here.
12 of 31
Family Court
Majority of appeals relating to decisions of Family Court are judges of higher seniority within Family Court.
13 of 31
The Court of Appeal
Divided into two Divisions. One deals with civil cases matters and one for criminal. Civil Division typically deals with around 1,300 cases a year.
14 of 31
Supreme Court
Highest appeal court in land. Only deals with cases of real public importance. In typical year considers some 70 appeals in England and Wales from Civil Division of Court of Appeal. Consider handful of 'leap frog appeals' - appeals from High Court.
15 of 31
Where is Court of Appeal located?
Usually sits at Royal Courts of Justice, Strand, London.
16 of 31
Who sits in Court of Appeal?
Usually 3, sometimes 5 or even 7 Lords Justices of Appeal. Include: Justices of Supreme Court; Lord Chief Justice; Master of the Rolls; and High Court Judges as requested.
17 of 31
Jurisdiction of Court of Appeal
Entirely appellate. One court but divided into two divisions: Civil Division and Criminal.
18 of 31
Civil Division of Court of Appeal
Appeals in civil cases from: (i) High Court; (ii) County Court; (iii) Certain tribunals, e.g. Employment Appeal Tribunal.
19 of 31
Criminal Division of Court of Appeal
Appeals in criminal cases from: Crown Court by defendant; References by Attorney-General on point of law or against an unduly lenient sentence; Cases referred by Criminal Cases Review Commission; Applications for leave to appeal to Supreme Court.
20 of 31
Procedure of Court of Appeal
Does not receive evidence from witnesses, but reads documents and hears argument. Majority decision prevails (so odd number of judges normally sit).
21 of 31
Where is the Supreme Court located?
Parliament Square, Westminster.
22 of 31
Who sits on the Supreme Court?
3-9 (but usually 5) Justices of the Supreme Court.
23 of 31
Jurisdiction of the Supreme Court
Almost entirely appellate. It is final court of appeal not only for England and Wales, but also for Scotland (in civil cases) and Northern Ireland.
24 of 31
Civil Appeals in Supreme Court
Appeals in civil cases from: Court of Appeal (Civil Division); High Court ('leapfrog' procedure); Scotland and Northern Ireland.
25 of 31
Criminal Appeals in Supreme Court
Appeals in criminal cases from: Court of Appeal (Criminal Division); QBD (Divisional Court); Northern Ireland (not Scotland)
26 of 31
Procedure of Supreme Court
Does not receive evidence from witnesses but rads documents and hears argument.
27 of 31
Where is the Crown Court located?
One court but country is divided into 6 circuits for administrative convenience, e.g. Midland and Oxford, Northern, South Eastern. Sits in 77 centres. One in London called Central Criminal Court ('Old Bailey').
28 of 31
Who sits on Crown Court?
Depends on gravity and/or nature work: High Court Judge (mainly QBD) or Recorder (part-time appointment, e.g. solicitor or barrister of 10 years' standing). Magistrates mau sit with judges on appeals. AND jury for trial.
29 of 31
Criminal jurisdiction of Crown Court
Trials on indictment (with jury); Committals for sentence from magistrates' courts where magistrates' sentencing powers are inadequate. (Max. six months' imprisonment and/or an unlimited fine.); Appeals by defendants convicted summarily in magistrates'.
30 of 31
Example of how Crown Court has very limited civil jurisdiction
Appeals on licensing from magistrates' courts.
31 of 31

Other cards in this set

Card 2

Front

In a civil case, who should appellant first apply for to for permission?

Back

The court who made the decision being appealed against. In practice, this will be done by making oral request to judge after they delivered judgement.

Card 3

Front

Who does appellant in civil case apply to permission from if judge who issued the judgement refuses appeal?

Back

Preview of the front of card 3

Card 4

Front

In Civil Procedure Rules, what are the only reasons permission to appeal will be given?

Back

Preview of the front of card 4

Card 5

Front

Why are these the reasons Civil Procedure Rules only grant permission to appeal?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Legal Method resources »