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Dispute Resolution - 15 - Appeals - Coggle Diagram
Dispute Resolution - 15 - Appeals
Destination of appeals
Possible to
leapfrog to a higher court
WITH Court PERMISSION
Remember the High Court has Masters, whose rulings are appealed to a High Court Judge (The Honourable Mr/Ms Justice Hill (written title), My Lord/Lady (in court), Judge (in correspondence))
No automatic right to appeal in civil cases; must be granted either by the lower court or the appeals court (but appeal to lower court first)
Grounds for appeal - only 2
Wrong in fact, law, or the exercise of the Court's decision
; or
Eg Judge considers themselves bound when not, or judge misunderstands the law
Decision is
unjust
because of
serious procedural
or other
irregularity
in the proceedings
Eg judge records key evidence incorrectly in judgement
Appeals must be made
within 21 days of judgement being HANDED DOWN
Not
from when the order is sealed!
Party who needs more time to appeal
must seek extension from judge
Appeal can be
made orally in Court
. If
oral permission is not granted
, party can file a
formal written application for leave to appeal
Hearings and granting appeal
Normally, the Court considers an appellant's request
without a hearing
. If the appeal is granted, the matter is listed for a
HEARING
for the APPEAL to be heard (appeal hearing is different from trial but is desired outcome of appellant)
If
appeal request not granted
Appellant must
request Oral Hearing
for appeal
WITHIN 7 DAYS OF SERVICE OF REJECTION
.
Court grants this request
at its discretion
If the 21 days run out, a party may make a
retrospective request for appeal
to the
Court of Appeal
in appropriate cases
However, this is an application for
RELIEF OF SANCTIONS
, not for undoing of the judgement
Appellant must
persuade Court of REASONABLENESS OF REQUEST
. Court considers:
Seriousness
and significance of
failure to comply with the rules
: Missing the deadline by months versus a minor oversight of a few days.
Why the default occurred
: A serious illness or emergency might justify missing the deadline, while simple neglect likely won’t.
Circumstances of the case
: If the appeal has
strong merits
(e.g.,
preventing an injustice)
, the court may be more willing to grant permission retrospectively.
Process for requesting appeals
Process for appellant
Application notice
must specify on what grounds the appeal is being made
(remember the 2 grounds!)
1, Send
appeal form
to court, alongside
copy of the sealed order
,
subject of the appeal
, and the
application notice
WITHIN 21 DAYS of judgement being handed down
Cross-Appeals
(appeal by other party in case)
Not
for if they want the Court to uphold the original decision
Eg
Insufficient damages
-
A cross-appeal happens when the
other party
, who may have won the original case (or parts of it), also wants to
challenge a different part of the judgment
. This is a way for the respondent to appeal aspects of the judgment that were not in their favour.
Remember,
cross-appeals are not claimant vs defendant
, it's whoever
appeals 1st is the APPEAL
, and whoever
appeals 2nd is the CROSS-APPEAL
The Appeal Hearing
IS NOT A RE-HEARING!!
/RE-TRIAL
Limited to a
review of the lower court's decision
Does
NOT allow NEW EVIDENCE to be used WITHOUT COURT permission
Court may make hearing 'rolled-up', considering the
permission
for the appeal AND the
appeal itself
in the
same hearing
Supreme Court considers appeals only if
In the opinion of the Justices, it raises
raises an
arguable point of law of general public importance
which ought
to be considered