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Appeals Notes

BCL Law Notes > Principles of Civil Procedure Notes

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A more recent version of these Appeals notes – written by Oxford students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our Principles of Civil Procedure Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Appeals General
? Almost always with permission --- from lower or higher court
? Criteria --- whether appeal has real prospects of success / other compelling reason
? Review rather than rehearing of lower decision --- can only interfere in limited circumstances
? Finality o Second appeal only if important principle or some other compelling reason, with permission of CA o New arguments on appeal Permission
? As of right for o Committal order o Refusal to grant habeas corpus o Secure accommodation order under Children Act 1989
? Permission scheme similar to Victoria
? Criteria --- CPR 52.3(6) o First appeals --- real prospects of success / other compelling reason
? Higher than resisting summary judgment because evidence has already come out --- less uncertainty o Second appeal --- important point of principle or practice / other compelling reason
? Other compelling reason incl visitation jurisdiction
? Interim decisions also subject to appeal o Previously, interim appeals would be de novo
? Hypothetical appeals --- can hear if in the public interest & have consent of parties o Can apply to have costs indemnified Time limits
? 21 days to file appeal
? Court will take into account CPR 3.9 to decide whether to grant extension: Sayers o AZ says should strictly enforce Standing
? Not limited to parties --- persons affected can join appeal to defend it: Wimpey (planning dispute --- one party got a permission, neighbour didn't ---
neighbour sued & lost --- first party had permission revoked as a consequence
--- so joined appeal to contest it)
? Interventions / amicus briefs ---
o SC Rule 15 --- any person can make submissions o Not of assistance to simple reiterate the same point: E v Chief Constable (2008)

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