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].