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BPTC Law Notes BPTC Civil Ligitation Notes

Appeals Notes

Updated Appeals Notes

BPTC Civil Ligitation Notes

BPTC Civil Ligitation

Approximately 1172 pages

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Appeals

Stages for obtaining Permission to Appeal


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 be lodged with the appeal notice?

The appeal bundle, which should include:

  1. Sealed copy of the appellant’s notice;

  2. A copy of the appellant’s skeleton argument (or it should be served within the next 14days);

  3. Relevant statements of case;

  4. An approved transcript of the decision of the lower court;

  5. Other documents that the appellant court reasonably considers necessary to enable the appeal court to reach its decision.
What must a skeleton argument include? It should include a time estimate.
Should an appeal notice be served on the respondent? Yes, although an appeal bundles need not be served on the respondent. Furthermore, the respondent need not take any action until notified that permission has been granted.
What is the procedure once permission has been obtained?

  1. Once the order for permission has been received by the appellant, the appellant must serve on the respondent the appeal bundle within 7 days.

  2. Case will then be listed for a hearing.
In what circumstances will a respondent be required to serve a respondent’s notice?

Where the respondent has receives the appellant’s appeal notice, the respondent will need to file and serve a notice if:

  1. They wish to the decision of the lower court to be upheld but for different or additional reasons to those given by the lower court; or

  2. They wish to vary the decision of the lower court (this is a cross-appeal).

In circumstances where the respondent merely wishes the decision of the lower court to be upheld, no notice is required.
When must the respondent’s notice be filed?

The respondent must serve notice within 14 days from:

  1. being served with the appellant’s notice that permission was give or not required;

  2. being notified that permission has been granted to the appellant; or

  3. being notified that permission and the appeal will be heard together at a hearing.
When must be respondent’s skeleton argument be lodged and served? Either with the respondent’s notice, or within 14 days of the notice being filed.
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.

The court will decide whether to use its discretion to admit new evidence in accordance with the overriding objective. However, the old principles of Ladd v Marshall still remain very persuasive:

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

References to the ECJ

What questions may be referred to the ECJ from national courts?

  1. Under Art. 267 for questions relating to:

  1. the interpretation of Treaties; and

  2. the validity and interpretation of act of the institutions, bodies, offices or agencies of the Union.

  1. Under Art. 150...

  2. ...
When must a court refer the question to the ECJ? Where there is no judicial remedy of the court’s decision in national law the court of tribunal must refer the matter to the ECJ.
When may a court refer the question to the ECJ?

There are two preconditions for this:

  1. Where the decision is necessary to enable the court to give judgment; and

  2. The court should exercise its discretion to...

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