Civil appeals and the appellate courts

Overview

Second appeal and leapfrog appeal.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   Is there an automatic right of appeal in a civil case?

   Model answer

   Permission to appeal is normally required in a civil case. Permission may be granted by the court below or by the appeal court itself.

2. 2

   What is the usual test for permission to appeal to the Court of Appeal?

   Model answer

   Permission is given where an appeal has a real prospect of success or there is some other compelling reason. The real prospect test has applied since the civil appeal rules of 2000.

3. 3

   Where does an appeal from a district judge in the County Court normally go?

   Model answer

   An appeal from a district judge in the County Court normally goes to a circuit judge. The appeal is usually a review of the decision rather than a fresh hearing.

4. 4

   Where does an appeal from a circuit judge's final multi-track decision go?

   Model answer

   Since 3 October 2016, an appeal from a circuit judge's final decision in a multi-track claim goes to a High Court judge, like most other first appeals from the County Court.

5. 5

   What is a second appeal?

   Model answer

   A second appeal is an appeal against a decision that was itself made on appeal. Only the Court of Appeal can grant permission for a second appeal.

6. 6

   What is the test for permission for a second appeal?

   Model answer

   A second appeal is allowed only where it raises an important point of principle or practice. Permission may also be given where some other compelling reason exists.

Other ways to work this

The same content, four other ways.

What is inside Levo

Six ways to work the same material.