Civil Litigation SGS 18 JR and Appeals

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billsykes
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210728
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Civil Litigation SGS 18 JR and Appeals
Updated:
2013-04-01 14:38:32
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Civil Litigation
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Civil Litigation
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  1. Norman wishes to appeal against an interim order made in a fast track claim by District Judge Smith sitting in the Gladbury County Court made on 1 February 2013. Which ONE of the following is CORRECT?

    [A] The appeal may be made with permission by way of a review of the decision to a County Court Circuit Judge.

    [B] The appeal may be made with
    permission by way of a review of the decision to the Court of Appeal.

    [C] The appeal may be made without
    permission by way of a rehearing to the County Court Judge. 

    [D] The appeal may be made as of right by way of a review of the decision to a High Court Judge.
    [A] The appeal may be made with permission by way of a review of the decision to a County Court Circuit Judge. [[A] is CORRECT. See CPR r.52.3 (1), 52.11 and Table 1 in Practice Direction 52A – Appeals: General Provisions (PD 52A). Table 1 at paragraph 3.5 to PD 52A shows that a decision by a District Judge in respect of an interim order should be made to a County Court Circuit Judge. Please note PD 52A came into effect from 1 October 2012 and can be easily viewed via Westlaw in the White Book 2012 in the online library]
  2. Box Holdings Ltd wish to appeal against the judgment at trial of a High Court Judge delivered delivered on Friday last week in a breach of contract claim. The Judge made no order as to the time in which to file any appeal.

    Which ONE of the following is CORRECT?

    [A] Notice of appeal must be filed not later than 21 days after the date on which the judgment was sealed. 

    [B] Notice of appeal must be filed not later than 28 days after the date on which the judgment was sealed.

    [C] Notice of appeal must be filed not later than 21 days after the date on which the court gave its decision. 

    [D] Notice of appeal must be filed not later than 28 days after the date on which the court gave its decision.
    [C] Notice of appeal must be filed not later than 21 days after the date on which the court gave its decision.

    [[C] is CORRECT. See CPR r.52.4 (2) (B)].
  3. Harvey recently lost a breach of contract claim at trial in the County Court. He now has an important new statement in support of his version of events from Hamish, who has just been released from prison. Harvey did not previously know about this evidence. The statement has some inconsistencies in it.

    Which ONE of the following is CORRECT?

    [A] New evidence cannot be used on an appeal.

    [B] The appeal court has a general discretion to hear new evidence in light of the overriding objective of the CPR.

    [C] The appeal court can only ever hear new evidence on one ground only, namely if the evidence could not have been obtained with reasonable diligence for use at the trial.

    [D] The appeal court can only receive the new evidence if it was available for use at the hearing but was not adduced.
    [B] The appeal court has a general discretion to hear new evidence in light of the overriding objective of the CPR. [[B] is CORRECT. See CPR r.52.11 (2) and the principles established in Ladd v Marshall [1954] 1 W.L.R. 1489 and the editorial note to White Book 2012 at 52.11.2].
  4. Lawrence wishes to apply for judicial review of Gladbury Licensing Commitee’s decision to withdraw his taxi licence.

    Which ONE of the following is CORRECT?

    [A] He can issue a claim form applying for judicial review within 3 months and will not need the court’s permission to bring such a claim. 

    [B] He must apply for permission to bring a claim for judicial review, and must do this within 3 months from the date when the grounds for the application first arose. The court has no power to extend this time limit.

    [C] He must apply for permission to bring a claim for judicial review, and must do this promptly and within 3 months from the date when the grounds to make the claim first arose. If he does not do so, it is likely this time limit will not be extended unless the court considers there is good reason for extending the time limit or adequate explanation for the delay and that extending the time limit will not cause substantial hardship or substantial prejudice or be detrimental to good administration.

    [D] He must apply for permission to bring a claim for judicial review by issuing and serving a claim form 14 days after the decision was made.
    [C] He must apply for permission to bring a claim for judicial review, and must do this promptly and within 3 months from the date when the grounds to make the claim first arose. If he does not do so, it is likely this time limit will not be extended unless the court considers there is good reason for extending the time limit or adequate explanation for the delay and that extending the time limit will not cause substantial hardship or substantial prejudice or be detrimental to good administration.


    [[C] is CORRECT. See r.54.5 (1) and r.3.1 (2) (a) and the editorial note to White Book 2012 at 54.5.1].
  5. Loretta has brought a £40,000 claim in the County Court against Gladbury Council for personal injuries sustained in one of their parks. Loretta issued a Part 7 Claim Form. The claim was allocated to the multi track due to its value. Directions were given for the case to be dealt with by way of a trial split into parts (i.e. a split trial). At the trial on liability which took place on Friday last week, judgment was given in favour of Loretta. Permission to appeal was refused by the Judge at the split trial. Gladbury Council have a conference with you today (please assume this takes place on the Monday immediately following the split trial). At the end of the conference Gladbury Council provide instructions to you that they continue to wish to appeal the decision on liability made at the conclusion of the split trial.

    Which of the following is/are WRONG?

    (i) Permission to appeal should be sought from the Court of Appeal in the appeal notice.

    (ii) The Court may only give permission if it considers that the appeal would raise an important point of principle or practice or there is some other compelling reason to hear it.

    (iii) Permission to appeal can only be made to the lower court at the hearing at which the decision to be appealed was made. It is therefore too late to now appeal.

    (iv) The Court may only give permission if it considers that the appeal would have a real prospect of success or there is some other compelling reason why the appeal should be heard.

    Select ONE of the following statements:

    [A] (i), (ii) and (iii) only

    [B] (ii) and (iii) only

    [C] (i), (iii) and (iv) only

    [D] (iii) and (iv) only
    [B] (ii) and (iii) only [Option [B] contains all the WRONG options and is therefore the CORRECT answer.

    [Regarding option (i) this is an appeal in respect of a final decision in a multi track claim in the county court. At the trial on liability judgment was given in favour of Loretta and Gladbury Council continue to wish to appeal. On that basis, permission should be sought from the appeal court and here the appeal lies directly to the Court of Appeal. You should consider Table 1 in PD52A (see the White Book 2012 via Westlaw) and section 3.6 to 3.8 regarding final decisions and split hearings at PD 52A. Accordingly, option (i) is therefore not wrong. For options (ii) and (iii), please see explanation at [B] below].

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