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Appeals Notes

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Appeals Revision

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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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