xs
This website uses cookies to ensure you get the best experience on our website. Learn more

#3702 - Appeals - BPC Civil Litigation

Notice: PDF Preview
The following is a more accessible plain text extract of the PDF sample above, taken from our BPC Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting.
See Original

Appeals

Stages for obtaining Permission to Appeal


Can the time limit for making an appeal be extended? Yes; r3.1(2)(a) allows any time limit to be extended. An application to extend time must be made to the appeal court, and cannot be agreed between the parties.
What must be lodged with the appeal notice?

The appeal bundle, which should include:

  1. Sealed copy of the appellant’s notice;

  2. A copy of the appellant’s skeleton argument (or it should be served within the next 14days);

  3. Relevant statements of case;

  4. An approved transcript of the decision of the lower court;

  5. Other documents that the appellant court reasonably considers necessary to enable the appeal court to reach its decision.
What must a skeleton argument include? It should include a time estimate.
Should an appeal notice be served on the respondent? Yes, although an appeal bundles need not be served on the respondent. Furthermore, the respondent need not take any action until notified that permission has been granted.
What is the procedure once permission has been obtained?

  1. Once the order for permission has been received by the appellant, the appellant must serve on the respondent the appeal bundle within 7 days.

  2. Case will then be listed for a hearing.
In what circumstances will a respondent be required to serve a respondent’s notice?

Where the respondent has receives the appellant’s appeal notice, the respondent will need to file and serve a notice if:

  1. They wish to the decision of the lower court to be upheld but for different or additional reasons to those given by the lower court; or

  2. They wish to vary the decision of the lower court (this is a cross-appeal).

In circumstances where the respondent merely wishes the decision of the lower court to be upheld, no notice is required.
When must the respondent’s notice be filed?

The respondent must serve notice within 14 days from:

  1. being served with the appellant’s notice that permission was give or not required;

  2. being notified that permission has been granted to the appellant; or

  3. being notified that permission and the appeal will be heard together at a hearing.
When must be respondent’s skeleton argument be lodged and served? Either with the respondent’s notice, or within 14 days of the notice being filed.
Is fresh evidence allowed in an appeal that was not adduced at the original hearing/trial?

The rule is that unless the court directs otherwise, fresh evidence may not be adduced.

The court will decide whether to use its discretion to admit new evidence in accordance with the overriding objective. However, the old principles of Ladd v Marshall still remain very persuasive:

  1. The evidence could not have been obtained with reasonable diligence for use at the hearing of the lower court;

  2. The evidence would probably have an important influence on the result; and

  3. The evidence was apparently credible.

Application to adduce fresh evidence can be made to a master of the CoA, but are in fact often listed for hearing at the same time as the appeal.

References to the ECJ

What questions may be referred to the ECJ from national courts?

  1. Under Art. 267 for questions relating to:

  1. the interpretation of Treaties; and

  2. the validity and interpretation of act of the institutions, bodies, offices or agencies of the Union.

  1. Under Art. 150...

  2. ...
When must a court refer the question to the ECJ? Where there is no judicial remedy of the court’s decision in national law the court of tribunal must refer the matter to the ECJ.
When may a court refer the question to the ECJ?

There are two preconditions for this:

  1. Where the decision is necessary to enable the court to give judgment; and

  2. The court should exercise its discretion to make the reference.

How it is to be determined whether the decision will be necessary?

  1. The point will be conclusive of the case;

  2. If there is no previous ruling it will not be necessary;

  3. If the point is reasonably clear a referral will not be necessary; and

  4. A decision should only be made after the facts are established.

What factors are considered when deciding whether a court should use its discretion?

  • Possible delay in obtaining ruling from ECJ;

  • Important of not overloading the ECJ; Expense to the parties;

  • The wishes of the parties;

  • Difficulty and importance;

  • Questions involving a comparison of texts in different languages of the EU;

  • Questions requiring a panoramic view; and

  • Whether application to make reference made in bad faith to delay judgment.
What is the procedure for making a reference? An order can only be made by a judge (Circuit, High Court or CoA); DJs or masters cannot. It may be made on application by the parties or by the court’s own initiative. The English proceedings will be stayed until the ruling from the ECJ.

Judicial Review

Against whom can a claim for judicial review be brought?

Any body charged with the performance of a public duty. This includes:

  1. Inferior courts, e.g. Mags’, county, coroner, and sometimes Crown (on matter unconnected to trial on indictment) (Superior courts are NOT subject to judicial review);

  2. Government ministers;

  3. The Inland Revenue Commissions;

  4. Local authorities;

  5. Immigration officers;

  6. Police authorities;

  7. Prison governors;

  8. Disciplinary bodies exercising statutory powers.
What are the requirements on the claimant for him to bring a claim?

  • Locus standi - sufficient interest in the matter to which the application relates.

  • The issue must one of public law.

  • There must be no alternative remedy to the issue, such as an alternative appeal.
On what grounds can a claim for...
Unlock the full document,
purchase it now!
BPC Civil Litigation
Premium study materials available for review
BPC Civil Litigation
A collection of the best BPC/BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results ...
128 purchased
Continue

More Bpc Civil Litigation Samples

11. Bpc Civil Litigation 202... 12. Bpc Civil Litigation 202... 13 And 14. Bpc Civil Litigatio... 15. Bpc Civil Litigation 202... 16, 17 And 18. Bpc Civil Litig... 19. Bpc Civil Litigation 202... 1. Bpc Civil Litigation 2 023... 2. Bpc Civil Litigation 2023... 3. Bpc Civil Litigation 2023... 4. Bpc Civil Litigation 2023... 5. Bpc Civil Litigation 2023... 6. Bpc Civil Litigation 2023... 7. Bpc Civil Litigation 2023... 8. Bpc Civil Litigation 2023... 9. Bpc Civil Litigation 2023... Acknowledgement Of Service Defe... Additional Claims Notes Additional Claims Under Part 20 ... Amending So Cs Notes Amendment Notes Amendments And Parties Notes Appeals Notes Appeals Notes Appeals Notes Appeals Judicial Review And Enf... Applications A3 Comparison Tab... Basic Tests For Revision Notes Bpc Civil Litigation 2023 20... Case Management Notes Character Evidence Notes Civil Evidence 2 Witness State... Civil Evidence Notes Civil Evidence Notes Classifying Remedies And Who To ... Commencing Proceedings 2 Valid... Commencing Proceedings Notes Commencing Proceedings Notes Costs Notes Costs Notes Costs Notes Costs Management Notes Costs Management Notes Counterclaims And Pt 20 Addition... Cpr 1 Notes Damages In Pi Notes Default Judgment Notes Default Judgments Notes Disclosure Notes Disclosure Notes Disclosure Inspection And Privi... Discontinuance Notes Discontinuance Stays And Orders... Enforcement Notes Enforcement Notes Enforcement Of Money Judgments N... Evidence At Trial Notes Evidence Burden And Standard O... Evidence Experts Notes Evidence In Civil Proceedings Notes Evidence Witnesses Notes Expert Evidence Notes Experts Notes Freezing Injunctions And Search ... Freezing Injunctions Notes Funding Notes Funding Litigation Notes Further Information Notes Hearsay Notes Initiating Proceedings And Servi... Interim Applications Notes Interim Applications Notes Interim Applications Remedies Notes Interim Injunction Notes Interim Injunctions Notes Interim Injunctions Notes Interim Injunctions Notes Interim Injunctions Notes Interim Payment Notes Interim Payments And Security Fo... Interim Remedies And Interim App... Interim Remedies Interim Payme... Jr Notes Judgments And Orders Notes Judgments And Orders Notes Judgments And Orders Notes Judgments And Orders Notes Judicial Review Notes Leading And Nonleading Questions Legal Aid Costs Etc Notes Limitation Allocation Notes Limitation Notes Limitation Notes Limitation Periods Notes Offers To Settle Notes Organisation Of Courts And Alloc... Overriding Objective And Human R... Overriding Objective And Protoco... Part 36 Notes Part 36 Offers Notes Part 8 Notes Parties And Joinder Notes Parties Notes Pre Action Protocols Notes Pre Action Protocols Notes Privilege Against Self Incrimina... Privilege Notes Privilege Notes Proving Documentary And Real Evi... Pt 36 And Qocs Notes Relief From Sanctions Notes Remedies In Contract Notes Remedies In Tort Notes Request For Further Information ... Requests For Further Information... Responding Default Judgment Ame... Responding To A Claim Default ... Responding To A Claim Defended... Revision Questions Revision Questions Sanctions And Expert Evidence Notes Sanctions Notes Sanctions Notes Search Orders Notes Security For Costs And Interim P... Security For Costs Notes Security For Costs Notes Service Notes Statements Hearsay And Evidence... Statements Of Case Interest Co... Strike Out Notes Strike Out Notes Strike Out Notes Striking Out Notes Striking Out Notes Summary Judgment Notes Summary Judgment Notes Summary Judgment Notes Track Allocation And Case Manage... Track Allocation Disclosure I... Trial And Judgments Notes Trial Notes Unfavourable And Hostile Witness... Witnesses Notes Witness Statements Affidavits ...
logo

Ambitious and intelligent students
choose Oxbridge Notes.

©2024 Oxbridge Notes. All right reserved.