Civil Appeals Model Answer

• Once a decision of a civil case has been made, if either party in a case is dissatisfied with the decision made by the judge at first instance, then it is possible to appeal. The appeal route will be determined by a number of factors: where the case began, the value of the claim and the level of judge who heard the initial case.
• There are 2 main reasons for an Appeal- Fact and Law. The appeal routes from the County Court are set out in Part 52 of the Civil Procedure Rules. Generally, if the Court of First Instance was the County Court, then a first appeal from a decision of the small claims court or fast track is heard

  by a next-level judge. If the case was first heard by a District Judge, the appeal will be to a Circuit Judge. If first heard by a Circuit judge, then the appeal is to a High Court judge
• Under s55 of the Access to Justice Act 1999, it is possible for a second appeal from the decision of a Circuit Judge or High Court Judge to go to the Court of Appeal (Civil Division), but this would be in exceptional circumstances, such as if the appeal raises an ‘important point of law’ or there is a ‘compelling reason’ for the Court of Appeal to hear it of national importance. This would only take place with the Supreme Court’s permission.
• Cases started in the High Court that involve an appeal from a decision in the multi-track, by a High Court Judge, is to the Court of Appeal (Civil Division), or on rare occasion to the Supreme Court (Called a ‘leapfrog’ appeal) where the Supreme Court allows the appeal and the case involves a point of general public importance is present or raises an important legal issue (This occurred in the Pay-Day Lending cases).
• It is possible for a further appeal from the Court of Appeal (Civil Division) to the Supreme Court, but only if the Supreme Court gives permission. An Appeal can be made under the Access to Justice Act 1999 (Destination of Appeals) Order 2000 which allows appeals on 2 grounds:

  • The Judge used the Facts of the Case to Reach an Incorrect Decision

  • The Judge used the Law in the Case to Reach an Incorrect Decision