Chapter 15: Appeals

• Appeals


  The procedure where the party who loses at trial appeals if they believe the judge got the law wrong
• Destination of appeals


  • County Court
  • High Court
  • Court of Appeal
  • Supreme Court
• To state correctly the court/type of judge to which a decision will be appealed, it is necessary to know the type of judge whose decision is being appealed and not just which court made the decision
• Permission to appeal


  There is no automatic right to appeal in civil cases, so a party wishing to appeal will always first need to apply for permission to appeal
• Where a party can apply for permission to appeal


  • To the lower court where the decision was made
  • To the appeal court in the notice
• Grounds for appeal


  • The decision is wrong in fact, law, or the exercise of the court's direction
  • The decision is unjust because of serious procedural or other irregularity in the proceedings
• Decision wrong in fact


  The judge records key evidence from a witness incorrectly in their judgment
• Decision wrong in law

  The judge applied the law incorrectly to the case, by misunderstanding the law or applying it by considering themselves to be bound by a previous authority which is not in fact binding
• Time limits for appeal

  The appellant needs the permission of the court, and must make the application within 21 days of the judgment or order that they are seeking to appeal
• Time runs from handing down


  Time runs from the date that the judge formally 'hands down' the judgment or decision, not from when the order is sealed
• Considering application without hearing

  Normally the court considers the appellant's notice and application without a hearing. If granted, the matter will be listed for a hearing for the appeal to be heard. If not granted, the appellant may request an oral hearing to make representation as to why the court should grant permission.
• No permission sought


  If a party does not seek permission from the lower court and no request for an extension of time is made, then once the 21-day period has expired, they can no longer make application to the court for permission to appeal. However, a party may apply in an appropriate case to the Court of Appeal for permission retrospectively.
• Process on appeal


  A party wishing to appeal must send an appeal form to the court, together with a copy of the sealed order, the subject of the appeal, and the application notice. The respondent may also cross-appeal using a similar process.
• The appeal hearing


  The hearing is limited to a review of the decision of the lower court. It will not consist of a re-hearing. The court will not permit a party to rely on evidence that was not available at the original hearing, without permission.
• It is unlikely you will be examined in depth on the appeals process at the SQE, but you need to understand these basic principles: the fact permission will be required, the limited bases on which a judgment can be appealed, the type of judge and the court which will hear the appeal, and what evidence is allowed on appeal.