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Appeals Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

Updates Available  

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

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

APPEALS GROUNDS FOR ALLOWING AN APPEAL

? appeal can only be brought on point taken in court below unless sufficient reason established e.g. recent legal development The test

? appeal will only succeed if decision below: (a) wrong ("unsustainable"); OR (b) unjust because of serious procedural or other irregularity Principles

? ? appealing discretion o CANNOT interfere with discretion unless: (a) misunderstanding of law / fact (b) new evidence before appeal court makes lower court's inference wrong

(c) change of circumstance since lower court decision (d) decision Wednesbury unreasonable (Hadmor v Hamilton)
? ? questions of fact
? ? inferences of fact from facts found by lower court
? ? errors of law and principle
? ? substantial procedural irregularity o ? misdirections to jury o ? improper admission / non-admission of evidence o ? frequent / intemperate interventions o ? sending letter to judge without sending copy to other dife o ? excessive delay in delivering judgment which may have caused errors (12 months after trial / 4 weeks after II)

? ? inadequate reasons (rare - remit to lower court for additional reasons) ROUTES OF APPEAL Basic structure

? basic structure (a) coco DJ (or deputy)coco CJ

(b) coco CJ (or deputy) i. generallyHC judgeCAHC judge

ii. second appeal (i.e. (a) already done)

(c) HC master / HC DJ (or deputy) i. generally

ii. final decision: in multi-track Part 7 claim OR specialistCA

(d) HC judge (may be second appeal) ?

CA

(e) CA

SC

proceedings? final decisions ref: above o final decision =would determine entire proceedings, whichever way court decided issues; ORmade at conclusion of hearing / trial split into parts AND determines entirety of that part of the claim

o examples? final decision on aspect of claim e.g. limitation? final decision on part of claim tried separately? strike out of proceedings? strike out of SoC? order for SJ (Tanfern v Cameron MacDonald)? order on summary / detailed assessment of costs? order on application to enforce final decision (PD 52A para 3.6,

3.8(2))? case management orders

PERMISSION TO APPEAL When is permission required?

? required to appeal from any judge in coco OR HC - unless liberty of a subject in issue i.e. appeal against refusal of:

o committal order o habeas corpus o secure accommodation
? NOT required to appeal from decision of authorized costs officer in DA proceedings ?
costs judge / DJ Test for granting permission

? only grant if: (a) appeal would have real prospect of success (realistic NOT fanciful); OR (b) some other compelling reason why appeal should be heard
? case management decisions only (c) issue justify costs of appeal (d) procedural consequences of appeal (e.g. losing trial date) (e) whether more convenient to determine point at or after trial (PD 52A para 4.6)

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