26 Appeals: Chapter 50

Routes of appeal

- Basic civil appeals structure

(a) County court DJ’s may be appealed to CC Circuit judge
(b) High Court masters and DJ’s appealed to High Court judge
(c) CC Circuit judges to high court judge
(d) High court judges to coa
(e) Coa to sc
- However, apps to coa rather than hc if either:
(a) Lower court’s decision was ‘final decision’ made in multi-track part 7 claim or in
specialist proceedings. Final decisions in multi-track claims by cc District jdyuges and
circuit judges, and also by high court masters; or
(b) Lower court’s decision was itself an appeal from a cc DJ (where second appeal)
- Final decision
(a) Decision is final if it would be determinate the entire proceedings
(b) Where made at conclusion of part of a hearing or trial which has been split into parts,
and would, if made at conclusion of that hearing be final because it detmines entirety off
that part of the claim
(c) Means that if j makes final decision on any aspect of claim, such as limitation, or part of
claim which been directed to be tried separately, this is the final determination within
meaning of that provision.
(d) Orders striking out proceedings and giving summary judgment are not final
(e) Claim not assigned to a track will not go to coa even if should have been multi-track
- Destination of second appeals:
- Part 8 always to multi-track
(a) But follow general routes of appeal
- Leapfrog:
(a)

Procedure

- Appellant’s notice:
(a) Such direction by lower court, or 21 days from decision
(b) Must be served on each respondent as soon at practicable, and in any event within 7 days of
being filed
(c) Grounds of appeal
(d) Any new issues arise HRA in notice
(e) May not rely on matter unless appeal court gives permissions
- Appeal bundle:
(a) Lodged with appellant’s notice
(b) Contain documents listed in PD 52B (general appeals)
(c) Sealed copy of appellant’s notice; skeleton argument; relevant statements of case; transcript
of the lower court; other documents which are relevant
- Skeleton argument:
 (a) Obligatory in CoA
(b) Served on respondent at the same time as service of the notice
(c) In appeals to County Court and High Court should be used where complexity of issues
justifies their use
- Small claims appeals:
(a) Simplified appellant’s notice
(b) Obtaining of transcript is not obligatory
- Service on the respondent:
(a) Unless court orders otherwise an appellant’s notice served as soon as p, in any event
within 7 days of filing
(b) R need not take any action when served with notice until notified permission to appeal
has been granted
- After permission stage
(a) Court informs parties of decision
(b) Directions prevail over practise directions
(c) Usual sequence of events, once permission is granted:
(1) R files and serves r’s notice and skele;
(2) Appellant serves proposed bundle index on r
(3) Appellant complete and file questionairres with time estoimate
(4) Appellant serves skele on r
(5) Parties agree appeal bundle
(6) R now files and serves its skele
(7) Hearing date may be fixed, final versions of the bundle, replacement skele’s with
references and bundles of authorities
- Authorities:
(a) High Court: handed to usher by 5:30 pm working day before appeal hearing
(b) County Court have photocopies at trial
(c) For CoA: once parties notified of date, appellant mustr file authority bundle/ no more
than ten/ lodged at least seven days before the hearing
(d) If hansard: together with brief summary of argument at east 5 working days before the
hearing
(e) If HRA: authority shuld be authoritative and complete report: copies served not less than
3 daysd before

Time Limit

- General rule:
(a) No later than 21 days from deicison
(b) Lower court may order asome other period
(c) Judgments from date made unless court orders otherwise
- Extending time:
(a) Even after time has expired
(b) Application to extend time to appeal court
(c) Notice:
(1) Reason for delay
(2) Steps taken prior to app being made
(d) R given opp to be heard on extension
(e) However, r who unreasonably opposes an extension of time runs risk of being ordered
to pay appellant’s costs of application to extend time
Permission to appeal

- General need
(a) Requires permission where
(1) Appeal if from decision of a judge in County Court or High Court, except where
appeal is against
 Commercial order
 Refusal to grant habeas corpus; or
 A secure accmodation under Children Acr 1989
 As provided by PD52A
- exceptions:
(a) excpetions in r 52.3(1)(a) cases where liberty of subject is in issue: three cases
- seeking permission
(a) be sought either at lower court or at appeal court
(b) where lower court refuses, a further app to appeal court may be made
(c) applications for permission at lower court made orally at end of hearing
(d) permission from appeal court: made in writing in appelalnt’s notice normally on papers
(e) if denied, oral hearing at appeal court
- test for granting permission
(a) only either:
(1) real prospect of success
(2) some other compelling reason why appeal should be heard
(b) only if there is an arguable case decision is plainly wrong or unjust through serious
irregularity
(c) ‘real’ prospect: real rather than fanciful
- Second appeals to CoA:
(a) Permission must be given by CoA for any appeal from County or High Court which was
made on appeal
(b) CoA not give permission unless:
(1) An appeal would raise an important point of principle or practice; or
(2) There is some other compelling reason
- Reconsideration of whether to grant permission
(a) No appeal from oral hearing at appeal court
(b) Can apply if refused on papers
(c) If permission totally without merit, mayt make an order that person may not request a
reconsideration
(d) Request for reconsideration made within 7 days after service of notice that permission
has been refused and request served on respondent
(e) Appellant must serve on respondent at least four days before hearing a brief written
statement:
(1) Setting out points on which to be raised
(2) Setting out reasons why permission should be granted
- Limiting issues on granting permission
(a) Must expressely prohibit other issues
(b) Effect of partial refusal at hearing by giving notice within seven days
- Practice in refusing permission
(a) Short reasons: hyans v plender [2001] ECHR point
 (b) Where out of time: wehere weak: refuse to extend leave

Respondent’s notice:

- R MAY file and serve respondent notice

- R MUST notice be filed by respondent where:
(a) Asking court for permission to appeal; or
(b) Wishes to uphold lower court decision for different reasons
- Form:
(a) Same as appellant’s
- Filing and serving:
(a) In such time as direxcted by lower court or, where not direction, 14 days after service of
appell’s notice
- Skele; served within 14 days of filing of notice

Stay

- Appeal shall not act as a stay on any order of lower court unless:
(a) Appeal court or lower court orders otherwise; or
(b) Appeal from Immigration and Asylum Chmaber of the Upper Tribunal
- May stay where, provided evidence that, if paid, would face ruin and provided appeal has
some prospect of success

Grounds for allowing an appeal

- Wrong; or
- Unjust because of a serious bprocedural or other irregularity in the proceedings in the lower
court

Second appeals:

- Must, subject to exceptions, be brought in CoA

Grounds for allowing an appeal

- Can only be brought on point taken in lower court

- Will be successful if:
(a) Wrong (which means unsustainable)
(b) Unjust because of a serious procedural or other irreguolarity in the proceedings in the
lower court

General powers vested in appeal court

- Affirm, set aside or vary

 - Refer claim back to lower court
- Order new trial or hearing
- Orders of costs for payment of interest
- Make a costs order

Fresh evidence:

- CPR r 52.11(2) wil not receive eviudence which was not before lower court
- Ladd v marshall never applied to interim appeals: where frsh evidence is change of
circumstances
- Will be allowed (ladd v marshall);
(a) Could not have been obtained with reasonable diligence for use at the hearing in the
lower court;
(b) Would probably have an important influence on the result; and
(c) Was apparently credible
- Application to master of CoA, but often listed for hearing at the same time as appeal
- Fresh evidence bundle produced to separate

Re-opening of appeals

- Hc or coa to reopen in exceptional icrumcstances if:

(a) Necessary to avoid real injustice
(b) Circumstances exceoptional
(c) No alternative effective remedy

Costs

- Appeal court may order costs for appeal and decision below.
- Summarily assessed if hearing last no more than one day