BPTC Law Notes BPTC Civil Ligitation Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples 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 BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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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:
wrong ("unsustainable"); OR
unjust because of serious procedural or other irregularity
Principles
? appealing discretion
CANNOT interfere with discretion unless:
misunderstanding of law / fact
new evidence before appeal court makes lower court's inference wrong
change of circumstance since lower court decision
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
misdirections to jury
improper admission / non-admission of evidence
frequent / intemperate interventions
sending letter to judge without sending copy to other dife
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
coco DJ (or deputy) coco CJ
coco CJ (or deputy)
generally HC judge
second appeal CA
(i.e. (a) already done)
HC master / HC DJ (or deputy)
generally HC judge
final decision: in multi-track
Part 7 claim OR specialist CA
proceedings
HC judge (may be second appeal) CA
CA SC
final decisions ref: above
final decision =
would determine entire proceedings, whichever way court decided issues; OR
made at conclusion of hearing / trial split into parts AND determines entirety of that part of the claim
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:
committal order
habeas corpus
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:
appeal would have real prospect of success (realistic NOT fanciful); OR
some other compelling reason why appeal should be heard
case management decisions only
issue justify costs of appeal
procedural consequences of appeal (e.g. losing trial date)
whether more convenient to determine point at or after trial (PD 52A para 4.6)
Seeking permission and reconsideration of whether to grant
can seek:
from lower court at hearing (unless second appeal)
oral application at end of hearing after costs
if refuse, seek permission from appeal court
----OR----
directly from appeal court (r52.3(2))
seek permission in writing in A's notice - within 21 days (see below) (considered on paper without hearing)
if totally without merit, court may order that person CANNOT seek reconsideration at hearing if refused (r52.3(4A) (see below)
if considered without a hearing (usual) (r53.3(2)(b), 52.4(1))
if granted parties notified in writing
if refused, parties can request reconsideration at oral hearing:
the request - file + serve on R 7 days after notice of refusal
the written statement - file + serve on R min 4 days before hearing:
points to be raised at hearing
reasons why permission should be granted (PD52C para 16(1))
the permission hearing - court notifies R, but not required to attend unless court requests
if reconsiders (OR considers) at oral hearing, NO appeal (regardless of whether grant / refuse permission) (AJA 1999 s54(4))
Limiting the issues on granting permission
order giving permission may:
limit issues to be heard (A can request to be reconsidered at hearing by giving notice)
be made subject to conditions (r52.3(7))
Granting permission
court notifies parties of decision on permission + reasons (PD 52C para 15(1))
appeal court may make case management orders, which prevail over PDs (PD 52B para 5.1, PD 52C para 2)
appeals to CA - Civil Appeals Office sends parties listing window notification
Reasons for refusal
short reasons given ( art 6 breach)
APPEALS TO CA
Leapfrog appeals to CA
applies if normal route is:
coco DJ (or deputy) coco CJ; OR
HC master / DJ (or deputy) HC judge; OR
coco CJ (or deputy) HC judge
lower court OR appeal court may order appeal to be transferred to CA if:
raises important point of principle / practice; OR
some other compelling reason for CA to hear (r52.14); AND
permission to appeal has been granted
Second appeals to CA
application
coco DJ coco CJ (dismissed) CA
HC master / HC DJ HC judge (dismissed) CA
must seek permission from CA (NOT lower court)
CA will only give permission if
raises important point of principle / practice; OR
some other compelling reason for CA to hear (r52.13(2))
TIME FOR APPEALING
General rule
A must seek permission OR file A's notice within 21 days of date of decision of lower court (r52.4(2)(a))
lower court may direct other period for filing A's notice (r52.4(2)(a))
Extending time for appealing
court may extend OR shorten, time for bringing an appeal, even after expiry (r3.1(2)(a))
parties CANNOT agree to extend time (r52.6(2))
must apply to appeal court to extend time for filing A's notice by issuing application in the A's notice itself unless apply orally to lower court after decision to be appealed
failure to seek in A's notice = irregularity - court can cure under relief from sanctions powers (r3.9)
R can oppose extension orally at any hearing, but if unreasonable, may be ordered to pay costs of application
Permission to appeal out of time + permission to appeal compared
permission to appeal refused appeal process ends
permission to appeal...
Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples 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 BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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