#4864 - Appeals And Enforcement - Civil Litigation

Appeals and enforcement 1) What right of appeal is there? 1) There is no automatic right of appeal 2) Appeal against a decision in the lower courts will only be allowed where the decision was wrong or was unjust because of a serious procedural or other irregularity - Civil procedure rules (CPR) 52.11(3) 2) How will the appeal be conducted? 1) The appeal will be a review based on the evidence and representations the lower court heard 2) A re-hearing will only be allowed if: a) A practice direction makes provision for a re-hearing b) The court considers that in the circumstances of an individual appeal it would be in the interests of justice 3) Will fresh evidence be allowed in the appeal? 1) Fresh evidence that was not available to the lower court will not be allowed 2) This is unless the appeal court orders otherwise, most likely where: - CPR 52.11(2) a) The evidence could not have been obtained with reasonable diligence for use in the lower court b) The evidence will probably have an important influence on the result of the appeal c) The evidence is apparently credible 4) Who will hear the appeal? 1) General rule - 52PD 2A.1 Appeal from: 2) Exception - Final decision in multi-track cases a) County Court District Judge County Court Circuit Judge b) High Court Master or District Judge sitting in the High Court High Court Judge c) County Court Circuit Judge High Court Judge d) High Court Judge Court of Appeal a) Where a decision is made by a District Judge, a High Court Master or a County Court Circuit Judge b) And it is a final decision c) And the case has been allocated to the multi-track d) Appeal should be made to the Court of Appeal, rather than a High Court Judge 3) Exception - Transfer - CPR 52.14 a) Where a decision is made in a court lower than the Court of Appeal b) And an appeal will either: 1) Raise an important point of principle or practice; or 2) There is some other compelling reason for the Court of Appeal to hear the case c) The first appeal can be directly transferred to the Court of Appeal 5) Obtaining permission to appeal 1) General rule - Permission is required for all appeals which will be granted where: - CPR 52.3(6) a) The court considers that the appeal would have a real prospect of success; or Real prospect of success means that the prospects must be realistic rather than fanciful - Swain v Hillman b) There is some other compelling reason why the appeal should be heard 2) Exception - Appeal is granted as a right if the situation falls into one of the exceptions - CPR 52.3(1) a) It is against a committal order b) It is against a refusal to grant habeas corpus c) Against a secure accommodation order under the Children Act 1989 3) In granting permission the court may limit the issues to be heard and may make it subject to conditions - CPR 52.3(6) 6) Who grants permission? Either the lower court when making its decision or by the appeal court on application by the appellant 7) Procedure for applying for permission a) Can be made orally at the lower court when the decision which will be appealed is made - CPR 52.3(2) No application made or application is rejected b) An application to the appeal court in an appellant's notice - CPR 52.3(2)(b) and (3) Application is rejected by the Court of Appeal 1) Will normally be considered by the appeal court without a hearing Application is rejected by an ordinary appeal court 2) The applicant can request (within 7 days of service of the notice refusing permission) that the decision be considered at an oral hearing. 3) No appeal against this decision is possible 2) If the CoA considers the application totally without merit, it can order than the decision will not be reconsidered at a hearing - CPR 52.3(4A) 8) What are the time limits for appeal? 9) What documents are required to lodge an appeal? General rule An appeal must be made within 21 days of the lower court's decision - CPR 52.4(2)(b) Exception The court may order differently (CPR 52.4(2) (a)) but it should not normally exceed 35 days 52PD Para 5.19 1) Applicants notice (Form N161) must be filed and served containing: The grounds for appeal and why CPR 52.11(3) applies 2) Applicant's notice should be served on each respondent not later than 7 days after it was filed - CPR 52.4(3) The grounds for appeal and why CPR 52.11(3) applies 3) A copy of the applicant's skeleton argument should be served within 14 days of filing the appellant's notice 4) All the documents listed at PD52 Para 5.6 5) If the judgement of the lower court was officially recorded, the transcript - PD52 Para 5.12 10) If appeal is granted The appeal court will send the parties notification of the hearing date or listing window