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Summary Notes on Appeals and Enforcement BPP LPC (Civil Litigation)
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- Civil Litigation
Summarised notes from the Appeals and Enforcement Workbook for the LPC at BPP University. Save time!! Good for MCQs in the exam.
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Hafsah NawazAppeals and Enforcement Workbook
SECTION 1 APPEALS
Basis of the appeal system
Rules relating to appeals are in CPR 52 and PD 52A- PD 52E
Appeals- general principles
Grounds and form of appeals
No automatic right of appeal
o Only allowed where the lower court’s decision was wrong or was unjust (CPR 52.21(3))
Review rather than re-hearing
o Re-hearing is only possible if a PD makes provision, or if the court thinks that it would be in
the interests of justice
Reluctance to interfere with discretion
o Appeal court will not interfere with lower court’s exercise of discretion unless it was based
on a misunderstanding of the law, evidence or facts before them
No fresh evidence allowed
o Fresh evidence won’t be allowed unless the appeal court orders otherwise (CPR 52.21(2))
o Any decision about fresh evidence must be made in light of the overriding objective
Structure of appeals
General rule – need permission to appeal, and you have 21 days from the original decision to appeal
(CPR 52.12(2)(b))
Who hears the appeal?
General rule- appeal lies to the next level of judge in the court hierarchy
CPR 52.23- a court lower than the CA can transfer a first appeal directly to the CA if-
o (a) the appeal will raise an important point of principle or practice, or
o (b) there is some other compelling reason why
Permission
General rule- permission is required for all appeals
Exceptions- CPR 52.3(1) has 3 exceptions where the appellant may appeal as of right
Applying for permission-
o CPR 52.3(2)- application for permission may be made orally to the lower court at the time
when the decision to be appealed is made
o CPR 52.3(2)(b)-(3)- if this doesn’t happen, or if court refuses permission, an application must
be made to the appeal court in an appellant’s notice
o Application must be made per time limits in CPR 52.12
o If appeal court is County Court or High Court, and permission is denied, appellant may
request within 7 days that the decision be reconsidered at an oral hearing (CPR 52.4)
o If appeal court is Court of Appeal, the judge will consider whether or not the application can
be fairly decided on the basis of papers alone. If not, the judge may direct that an oral
hearing take place (CPR 52.5(1)-(2))
Test for granting permission-
o Permission will only be granted where the court considers-
That the appeal would have a real prospect of success, or
That there’s some other compelling reason why the appeal should be heard (CPR
52.6)
, Hafsah Nawaz
o CPR 52.6(2)- order giving permission may limit the issues to be heard and be made subject to
conditions
Time limits
General rule- appeal must be made within 21 days of the date of the lower court’s decision (CPR
52.12(2)(b))
If a party has a good reason for needing a longer time, it can apply for an extension (52B PD 3)
A delay in formally drawing up a judgement or order will not delay time running for the purpose of
appeal
Appellant’s notice
An appellant’s notice must be filed and served within the necessary time period
Must contain the grounds for appeal, and state the reasons why CPR 52.21(3) applies
The respondent’s position
The respondent’s notice
CPR 52.13(2)- a respondent’s notice must be filed and served by a respondent who-
o (a) is seeking permission to appeal from the appeal court, or
o (b) wishes to ask the appeal court to uphold the order of the lower court
Three types of respondent
1. A respondent who is happy with the lower court’s decision – wants it upheld – doesn’t need to serve
respondent’s notice
2. A respondent who wishes to uphold the lower court’s decision, but for different or additional reasons
– needs a respondent’s notice (52C PD 8(1) and (3))
3. A respondent who wishes to ask the appeal court to vary the order of the lower court i.e. cross-appeal
– permission to appeal must be sought on the same basis as for an appellant (52C PD 8(2))– needs a
respondent’s notice
Time limits
Respondent’s notice must be filed within such period as may be directed by the lower court
If no direction, notice must be filed within 14 days after the date laid down by CPR 52.13(5) i.e. the
date the respondent become aware that the appeal was going ahead
Effect of an appeal on the judgment of the lower court
Initiating an appeal doesn’t automatically stay the order obtained in the lower court
CPR 52.16- an appeal will operate as a stay of any order or decision of the lower court only if-
o (a) the appeal court or the lower court so orders, or
o (b) the appeal is from the Immigration and Asylum Chamber of the Upper Tribunal
A stay will generally not be ordered
Appeal hearings
Composition of the court
County Court Circuit Judges and High Court Judges sit alone
Interim appeals in CA- 2 Lords Justice
Final appeals in CA- 3 Lords Justice; either party may apply for a re-hearing before a 3-judge court
Supreme Court – 5-member
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