BCL Law Notes Principles of Civil Procedure Notes
A collection of the best BCL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short, these are what we believe to be the strongest set of BCL notes available in the UK this year. This collection of notes is fully updated for recent exams, also making them...
The following is a more accessible 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
Second appeal only if important principle or some other compelling reason, with permission of CA
New arguments on appeal
Permission
As of right for
Committal order
Refusal to grant habeas corpus
Secure accommodation order under Children Act 1989
Permission scheme similar to Victoria
Criteria — CPR 52.3(6)
First appeals — real prospects of success / other compelling reason
Higher than resisting summary judgment because evidence has already come out — less uncertainty
Second appeal — important point of principle or practice / other compelling reason
Other compelling reason incl visitation jurisdiction
Interim decisions also subject to appeal
Previously, interim appeals would be de novo
Hypothetical appeals — can hear if in the public interest & have consent of parties
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
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 —
SC Rule 15 — any person can make submissions
Not of assistance to simple reiterate the same point: E v Chief Constable (2008)
How to draw the line? Depending on how representative a body is, or does this amount to political judgments
Powers on appeal
Appeal court has all powers of lower court
Affirm/vary/set aside
Remit/order retrial
Vary remedy
Vary costs
Standard of review
De novo appeals now largely dispensed with
Interaction with human rights
MT (Algeria) v Sec of State per Lord Hoffmann (at trial found that permissible to deport suspected terrorists back to Algeria & Jordan — on appeal, argued that would be tortured — and that trial would be on evidence obtained by torture — argued that ECHR prohibits torture — argued that Art 6 requires appeal court to decide whether deportation would breach rights against torture ECHR does not guarantee right of appeal — if there is an appeal, must comply with right to fair trial)
Lord Hoffmann: CA can only do what it is empowered to do by statute — only has power to hear appeals by review
B (Care Proceedings) (Art 8 right to family life...
Buy the full version of these notes or essay plans and more in our Principles of Civil Procedure Notes.
A collection of the best BCL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short, these are what we believe to be the strongest set of BCL notes available in the UK this year. This collection of notes is fully updated for recent exams, also making them...
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