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#13701 - Appeals - BPC Civil Litigation

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Appeals


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 a skeleton argument include?

It should contain references to the appeal bundle

Should contain a summary of the party’s submissions, should not be more than 25 pages long and must justify the reason if giving more than one authority per point of law. There may be cost consequences for non-compliance.
Should an appeal notice be served on the respondent? Yes, as soon as practicable, and in any event, within 7 days of filing with the court
In what circumstances will a respondent be required to serve a respondent’s notice?

When R is:

  • Appealing from the appeal court.

  • Appealing to the appeal court to uphold the lower court for different or additional reasons
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.

Fresh evidence can be used if:

  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 CA, but are in fact often listed for hearing at the same time as the appeal.

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?

  • 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 judicial review be brought?

  1. illegality;

  2. Irrationality (Wednesbury unreasonableness); and

  3. Procedural impropriety.
What are the remedies available to a successful claimant in judicial review?

  1. Quashing order - quashing the decision and often remitting it back to the body

  2. Mandatory order - requiring the body to do something

  3. Prohibitory order

  4. Declaration

  5. Injunction

  6. Money awards - can only be awarded in conjunction with other awards.
How is a claim for judicial review...
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