Bar Training Course

2022 - 2023

College of Business and Law

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CIVIL LITIGATION AND EVIDENCE

SGS 18

CIVIL APPEALS AND CONSOLIDATION

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MCQ QUESTIONS AND ANSWERS

UWE, Bristol Law School The Bar Training Course

TASK 3 – MCQ/SBA

1. Your client disagrees with the interim order made by a District Judge sitting in the Bristol
District Registry of the High Court. Your client wants to appeal this decision. Which of
the following states the correct position?

[A] An appeal lies to a High Court Judge without permission.

[B] An appeal lies to the County Court Circuit Judge with permission.

[C] An appeal lies to the Court of Appeal with permission.

[D] An appeal lies to a High Court Judge with permission.

The correct answer is D.

Routes of appeal are set out in PD52A Table 1. A District Judge in the District
Registry will be treated as a ‘Master’ (see PD52A para 3.4) and the destination of the
appeal is therefore the High Court Judge, with permission.

A is wrong because an appeal cannot be made without permission unless the case
falls within one of the limited exceptions (committal orders, a refusal to grant habeas
corpus, and a secure accommodation order under the Children Act 1989 s.25 – see
CPR 52.3(1)(a)). B and C are wrong because the destination of the appeal is
incorrect in both of these options.

2. Susan is suing Jake for unregistered design right infringement in the Intellectual
Property Enterprise Court. Her claim was struck out by the Enterprise Judge. Which one
of the following options represents the correct destination of the appeal and whether
she needs permission.

[A] High Court with permission

[B] Court of Appeal without permission

[C] High Court without permission.

[D] Court of Appeal with permission

D is the correct answer – see Table 1 and CPR 52.3(1)(a). This situation does not
fall within one of the exceptions in 52.3(1)(a) where permission is not required,
so options B and C are wrong. Table 1 does not designate the High Court to hear
any appeal from the Intellectual Property Enterprise Judge.

3. In appeal proceedings what is the meaning of the term “Respondent”?

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[A] The Defendant in the original proceedings.

[B] A person who is permitted by the appeal court to be a party to the appeal.

[C] A person, other than the appellant, who was a party to the proceedings in
the
lower court.

[D] A person other than the appellant who was a party to the proceedings in the
lower court and who is affected by the appeal and a person who is permitted
by the appeal court to be a party to the appeal.

Answer D

This is the correct meaning of the “Respondent” under CPR 52.1(3)(e).

Answer A is wrong because the defendant in the original proceedings will not necessarily be
the respondent in an appeal. It could be the appellant.
Answer B is just wrong.
Answer C is wrong as it is an incomplete definition.

See CPR 52.1 generally for the definition of terms in appeal proceedings.

4. Eden unsuccessfully represented herself in a negligence claim against her local authority.
The trial judge refused permission to appeal and she asks your advice about further
pursuing the appeal. You tell her that she may seek permission to appeal from the
appeal court, but you have grave concerns about the merits of her appeal. If the appeal
court strikes out her Appellant’s Notice on the basis that the appeal is totally without
merit, what order must it consider making?

[A] A civil restraint order.

[B] An order affirming the decision of the trial judge.

[C] An order that Eden pay the local authority’s costs of the appeal on a standard
basis.

[D] An order that Eden pay the local authority’s costs of the appeal on an
indemnity basis.

The correct answer is [A] A civil restraint order – CPR 52.20(5) and (6).

[B] is wrong as there is no need to affirm the decision of the trial judge – it will stand unless
overturned on appeal.

[C] and [D] are wrong as they suggest that the court’s discretion with costs is constrained in
some way – and as the Appellant’s Notice has been struck out, there is a good chance there
may be no costs of the local authority in relation to the appeal anyway.

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5. Fatima, a multimillionaire Defendant in a High Court breach of contract case, has had a
judgment made against her to pay the Claimant, Ruby, the sum of £75,000, payment to
be made within 14 days. She has instructed you to appeal against the decision of the
court, and the Court of Appeal has granted permission to appeal. Fatima now questions
you and asks whether it is possible delay the payment of the £75,000 until the appeal
has been decided. In the circumstances which one of the following provides the best
advice to Fatima?

[A] An application for permission to appeal has the automatic effect of staying
execution if the judgment so if permission to appeal is sought Fatima does
not have to pay Ruby until the appeal is concluded.

[B] A stay of execution cannot be granted and if the appeal is successful Fatima will
have to claim the £75,000 back from Ruby.

[C] A successful application for permission to appeal has the automatic effect of
staying execution so Fatima will not have to pay Ruby if she is given
permission to appeal.

[D] Fatima must apply to the Court for an order if she wants a stay of execution
until
the appeal is concluded.

The correct answer is D.

CPR 52.16 states that an appeal should not operate as a stay of any order or
decision of the lower court unless the court orders otherwise or the appeal is from
the Immigration and Asylum Chamber of the Upper Tribunal.

The basic principle is that litigants should not be denied the benefits of litigation.

The fact that CPR 52.16 allows for an appellant to make an application to the court
for a stay, illustrates why A and C are wrong (because of the reference to an
“automatic stay”). Equally, as it is possible to apply to the appeal court for a stay, B
is wrong as it suggests that a stay cannot be made.

6. Hisham wishes to appeal the order of the District Judge made in a case management
hearing. Which one of the following will the court take into account when dealing with
the application for permission to appeal?

[A] Whether the order made was an unless order.

[B] That the order was procedural and therefore it will not justify the costs of an
appeal.

[C] Whether it would be more convenient to determine the issue at or after trial.

[D] That permission will only be given if the issue to be appealed relates to
liability or quantum.

Answer C

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See PD52A, para 4.6. Answer C is the correct answer as that is one of the
considerations set out in the Practice Direction (para.4.6(c)). Answers A and B are
simply wrong. Answer D is also wrong. See the final paragraph to the PD which
states that case management decisions include decisions made under rule 3.1(2)
and decisions about disclosure, filing of witness statements or experts’ reports,
directions about the timetable of the claim, adding a party to a claim and security for
costs.

7. After losing his claim for breach of contract in the County Court at Bristol, Naseem was
granted permission to appeal by HHJ Jaminska, the trial judge. Although he was present
when judgment was handed down, it is now 2½ weeks since judgment and Naseem has
not yet received the judgment order from the Court. His solicitors have explained to him
that, for various good reasons, they will not be able to comply with the time
requirements for lodging the appeal and they seek your advice on how to proceed. What
is the most appropriate advice to give?

[A] They must comply with the time limit to lodge the appeal within 21 days from
the date of judgment.

[B] They should make an application to vary the time limit for filing the
Appellant’s
Notice no later than 42 days from the date of judgment.

[C] They should make an application to vary the time limit for filing the
Appellant’s
Notice as soon as possible, but the application can, if necessary, be made
after the time limit for compliance has expired.

[D] They should telephone the Court office requesting that the judgment order
be
amended to give them extra time to file the Appellant’s Notice given the late
provision of the judgment order.

The correct answer is C.

[A] is not incorrect but does not take account of the possibility that an application
can be made to extend time under CPR 52.15. On the face of the solicitors ‘various
good reasons’ it seems that an application within 21 days is not likely to be possible.
[B] is reasonable advice save for the reference to 42 days, which is not in the CPR
and therefore not the best advice.
[C] is a correct reflection of CPR 52.15 and CPR 3.1(2)(a) (which is referred to in
CPR 52.15).
[D] Telephoning the Court office with a request does not follow the procedural rules
for applying for an extension of time and therefore is likely to be a waste of time.

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