Appeals

County Court High Court

District Judge (‘DJ’) Masters and District Judges

In most circumstances...

County Court High Court

Where this appeal from the CJ Circuit Judge (‘CJ’) High Court Judge
at the county court is:
(a) An appeal from a DJ at the
county court; or
(b) A final decision in a multi-
track claim or in specialist
proceedings, Court of Appeal (‘CoA’)
the appeal is to the CoA.

Stages for obtaining Permission to Appeal

Stage 1: Application to Decision Maker

This is an oral request for permission to appeal at the end of the
hearing after costs is decided in the case.
NB This stage is not required to move to Stage 2.
NB This stage is not available where the decision was an appeal
itself from a lower court. Appeal Hearing
Grounds for allowing an appeal:
Test for granting permission to appeal: (a) The decision below was wrong in law,
(1) The appeal has a real prospect of success; or in fact, or in the exercise of its
(2) There is some other compelling reason why the appeal should discretion*; or
be heard. (b) The decision was unjust because of a
Other compelling reasons may include: serious procedural or other irregularity
 An appeal will likely result in an important enunciation of a
PERMISSION
in the proceedings in the lower court.
GRANTED
*This is not merely preferring a different
point of law;
solution, but finding that the judge exceeded the
 Where an appeal is hopeless due to binding authority but generous ambit within which a reasonable
an appeal to the Supreme Court may be successful. disagreement is possible.
PERMISSION REFUSED

Stage 2: Application to Appeal Court in Appeal Notice
This is an application notice to the appeal court for
permission to be granted on the papers.
For details of what the application notice must contain,
see below.
PERMISSION
This must be done within 21 days of the decision from
the lower court (although the lower court can extend this
to up to 35 days.
General powers of the appeal court:
(a) To affirm, set aside or vary the decision
or order made by the lower court;
(b) To refer the decision or issue for
determination in a lower court;
(c) To order a new trial or hearing (last
resort);
GRANTED (d) To make orders for the payment of
interest; and
(e) To make costs orders.

PERMISSION REFUSED
Second Appeals to the CoA
Stage 3: Oral Application to Appeal Court The CoA will only give permission if:
The final chance is a request for permission at an oral hearing in (1) The appeal raises an important point
the appeal court. However, the court may make an order that of principle of practice; or
prohibiting a request for an oral hearing where they consider (2) There is some other compelling
the appeal is without merit. reason for the CoA to hear it*.
*The starting point is prospects of success, but
This must be done with 7 days of notice that permission was there must be another compelling reason to give
refused. permission.
Can the time limit for making an appeal
be extended?
What must be lodged with the appeal
notice?
What must a skeleton argument include?
Should an appeal notice be served on the
respondent?
What is the procedure once permission
has been obtained?
In what circumstances will a respondent
be required to serve a respondent’s
notice?
When must the respondent’s notice be
filed?
When must be respondent’s skeleton
argument be lodged and served?
Is fresh evidence allowed in an appeal
that was not adduced at the original
hearing/trial?
References to the ECJ
What questions may be referred to the
ECJ from national courts?
When must a court refer the question to
the ECJ?
Yes; r3.1(2)(a) allows any time limit to be extended. An application to extend time
must be made to the appeal court, and cannot be agreed between the parties.
The appeal bundle, which should include:
(a) Sealed copy of the appellant’s notice;
(b) A copy of the appellant’s skeleton argument (or it should be served within
the next 14days);
(c) Relevant statements of case;
(d) An approved transcript of the decision of the lower court;
(e) Other documents that the appellant court reasonably considers necessary
to enable the appeal court to reach its decision.
It should include a time estimate.
Yes, although an appeal bundles need not be served on the respondent.
Furthermore, the respondent need not take any action until notified that
permission has been granted.
1. Once the order for permission has been received by the appellant, the
appellant must serve on the respondent the appeal bundle within 7 days.
2. Case will then be listed for a hearing.
Where the respondent has receives the appellant’s appeal notice, the respondent
will need to file and serve a notice if:
(a) They wish to the decision of the lower court to be upheld but for different
or additional reasons to those given by the lower court; or
(b) They wish to vary the decision of the lower court (this is a cross-appeal).
In circumstances where the respondent merely wishes the decision of the lower
court to be upheld, no notice is required.
The respondent must serve notice within 14 days from:
(a) being served with the appellant’s notice that permission was give or not
required;
(b) being notified that permission has been granted to the appellant; or
(c) being notified that permission and the appeal will be heard together at a
hearing.
Either with the respondent’s notice, or within 14 days of the notice being filed.
The rule is that unless the court directs otherwise, fresh evidence may not be
adduced.
The court will decide whether to use its discretion to admit new evidence in
accordance with the overriding objective. However, the old principles of Ladd v
Marshall still remain very persuasive:
1) The evidence could not have been obtained with reasonable diligence for
use at the hearing of the lower court;
2) The evidence would probably have an important influence on the result;
and
3) The evidence was apparently credible.
Application to adduce fresh evidence can be made to a master of the CoA, but are
in fact often listed for hearing at the same time as the appeal.
1. Under Art. 267 for questions relating to:
(a) the interpretation of Treaties; and
(b) the validity and interpretation of act of the institutions, bodies, offices
or agencies of the Union.
2. Under Art. 150...
3. ...
Where there is no judicial remedy of the court’s decision in national law the court
of tribunal must refer the matter to the ECJ.
When may a court refer the question to
the ECJ?
What is the procedure for making a
reference?
Judicial Review
Against whom can a claim for judicial
review be brought?
What are the requirements on the
claimant for him to bring a claim?
On what grounds can a claim for judicial
review be brought?
What are the remedies available to a
successful claimant in judicial review?
What are the important features of the
Pre-Action Protocol for Judicial Review?
When will compliance with the PAP-JR be
unnecessary?
How is a claim for judicial review made?
There are two preconditions for this:
(i) Where the decision is necessary to enable the court to give judgment; and
(ii) The court should exercise its discretion to make the reference.
How it is to be determined whether the decision will be necessary?
(1) The point will be conclusive of the case;
(2) If there is no previous ruling it will not be necessary;
(3) If the point is reasonably clear a referral will not be necessary; and
(4) A decision should only be made after the facts are established.
What factors are considered when deciding whether a court should use its
discretion?
 Possible delay in obtaining ruling from ECJ;
 Important of not overloading the ECJ; Expense to the parties;
 The wishes of the parties;
 Difficulty and importance;
 Questions involving a comparison of texts in different languages of the EU;
 Questions requiring a panoramic view; and
 Whether application to make reference made in bad faith to delay
judgment.
An order can only be made by a judge (Circuit, High Court or CoA); DJs or masters
cannot. It may be made on application by the parties or by the court’s own
initiative. The English proceedings will be stayed until the ruling from the ECJ.
Any body charged with the performance of a public duty. This includes:
(a) Inferior courts, e.g. Mags’, county, coroner, and sometimes Crown (on
matter unconnected to trial on indictment) (Superior courts are NOT
subject to judicial review);
(b) Government ministers;
(c) The Inland Revenue Commissions;
(d) Local authorities;
(e) Immigration officers;
(f) Police authorities;
(g) Prison governors;
(h) Disciplinary bodies exercising statutory powers.
 Locus standi - sufficient interest in the matter to which the application relates.
 The issue must one of public law.
 There must be no alternative remedy to the issue, such as an alternative
appeal.
(1) illegality;
(2) Irrationality (Wednesbury unreasonableness); and
(3) Procedural impropriety.
1) Quashing order - quashing the decision and often remitting it back to the body
2) Mandatory order - requiring the body to do something
3) Prohibitory order
4) Declaration
5) Injunction
6) Money awards - can only be awarded in conjunction with other awards.
 Letter of claim
 Reply to letter of claim
Where the body has no power to change its decision.
1. C must issue a Part 8 claim from promptly after the grounds to make the claim
arose, and in any event within 3months;
2. Claim form must be served on D;
3. D must acknowledge service within 21days of service;
4. Permission to proceed is required to proceed;
(i) Decision usually made on the papers;
(ii) If permission refused on papers, C can apply for reconsideration at a
hearing. Request must be made within 7days of the refusal of permission.
5. Substantive hearing if permission is granted.