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Civil Appeals (Appeals from the Court of Appeal (:black_flag: s.55 Access…
Civil Appeals
Appeals from the Court of Appeal
appeals from the CA are very rare
may occur if the Supreme Court or the Court of Appeal give permission for the appeal to go ahead
:black_flag: s.55 Access to Justice Act 1999 gave reasons for appeals from the CA to go through
raise an important point of practice or principle
there is some other compelling reason to hear it
Appeals from the High Court
generally the appeal would go to the Court of Appeal (Civil Division)
Leapfrog appeal
:black_flag: s.12-15 Administration of Justice Act 1969
a case can 'leapfrog' to the Supreme Court if the case involves a point of law 'of general public importance'
e.g. interpretation of a statute
Pros and Cons of the Civil Courts
Pros
fair process
impartial judge
legal experts
judge/lawyers
enforcement of the courts decision is easier
a clear appeals process
ADR has no process
Cons
cost
people often pay more than they claim
delay
usually a year long to wait, for many its not worth it
long winded and a complicated process
no guarantee of a win
minimal legal aid
Appeals from County Court
County Court
Small Claims and Fast Track cases - heard by a District Judge
Appeals to
Circuit Judge
Small Claims and Fast Track cases - heard by Circuit Judge
Appeals to
High Court Judge
Multi-track cases - Heard by District, Circuit or High Court Judge
Appeals to
Court of Appeal
appeals to CA regardless of the judge that heard the original case