What is the general rule about permission to appeal in civil cases?

Permission is normally required, either from the court below or from the appeal court, and it is granted only where the appeal has a real prospect of success or there is some other compelling reason to hear it.

On what grounds may a civil appeal be brought?

An appeal lies on the ground that the decision was wrong in law, in fact or in the exercise of discretion, or that it was unjust because of a serious procedural irregularity.

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

It goes to a circuit judge sitting in the County Court.

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

It goes to a High Court judge, unless the decision was itself made on appeal.

Where does an appeal from a High Court judge go?

It goes to the Civil Division of the Court of Appeal.

State the test for a second appeal.

A second appeal may be heard only by the Court of Appeal, and only where it raises an important point of principle or practice or there is some other compelling reason for the Court of Appeal to hear it.

WJEC A-Level Law 603-1978-1

Law Making in Wales and the UK

Topic overview Legal rules, sources of law and the rule of law Parliamentary sovereignty, the separation of powers and the Royal Prerogative The composition and role of Parliament The legislative process at Westminster The Senedd and law making in Wales The devolution settlement and the role of the Supreme Court Influences on law making and law reform

Delegated Legislation

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Statutory Interpretation

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Judicial Precedent

Topic overview The doctrine of precedent and stare decisis Ratio decidendi and obiter dicta Binding and persuasive precedent The hierarchy of the courts in England and Wales The Supreme Court and the Practice Statement Overruling, reversing and distinguishing Advantages and disadvantages of precedent

The Civil Courts and Dispute Resolution

Topic overview Civil liability, civil claims and the civil process The structure and jurisdiction of the civil courts Appeals in civil cases Juries in civil cases Tribunals Arbitration Mediation, conciliation and negotiation

The Criminal Process and the Criminal Courts

Topic overview Classification of offences and the criminal process The magistrates' courts and the Crown Court Appeals in criminal cases The jury at trial: verdicts, secrecy and the coroner's jury Criticisms of and alternatives to the jury system The aims and theories of sentencing Sentencing powers and the sentencing of youths

Legal Personnel and the Judiciary

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Access to Justice and Funding

Topic overview Access to justice and the development of legal aid Civil legal aid: scope and services Means testing, merits testing and the statutory charge Criminal legal aid and the Public Defender Service Conditional fee agreements and private funding Advice agencies and other sources of help Evaluating access to justice after the 2012 reforms

Tort: Rules and Theory

Topic overview The nature and origins of the law of tort Categories of tort and the interests protected Fault and strict liability Corrective justice and the economic justification Retributive and distributive justice in tort Theories of justice and the balancing of interests Criticisms of the tort system Reform and alternatives to tort

Tort: Negligence

Topic overview Duty of care and the neighbour principle The Caparo test and the modern approach Breach of duty and the reasonable man Factors affecting the standard of care Causation in fact and in law Remoteness of damage and the thin skull rule Psychiatric injury: primary and secondary victims

Tort: Occupiers' Liability

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Tort: Remedies

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Human Rights: Rules and TheoryHuman rights

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Human Rights: Key Convention ProvisionsHuman rights

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Human Rights: RestrictionsHuman rights

Topic overview Public order offences and the control of protest Police powers of stop, search and entry Arrest, detention and the rights of a person in police custody Trespass, harassment and actions against the police Interception of communications and access to personal information Confidentiality, defamation and the protection of reputation Obscenity and the arguments for and against restriction

Human Rights: EnforcementHuman rights

Topic overview The domestic courts and the Strasbourg case law Compatible interpretation and declarations of incompatibility Public authorities, victims and remedies under sections 6 to 8 The judicial review procedure The grounds for judicial review The European Court of Human Rights Evaluating the enforcement of human rights

Human Rights: Protection and ReformHuman rights

Topic overview How rights are protected in the United Kingdom today The Equality and Human Rights Commission Criticisms of the Human Rights Act 1998 and the case for change Defending the Human Rights Act 1998 as it stands The case for a United Kingdom Bill of Rights The case against a United Kingdom Bill of Rights Reform, devolution and the United Kingdom's place in the Convention system

Contract: Rules and TheoryContract

Topic overview Origins, definition and function of contract law Freedom of contract and the classical theory of bargain Contract law and economic development Freedom of contract and consumer protection Judicial decisions, legislation and European influence on contract Human rights, morality and justice in the law of contract Arguments for a European or global law of contract

Contract: FormationContract

Topic overview Offer and invitation to treat Acceptance, counter-offers and the ending of an offer Consideration and existing duties Payment of less than the debt, and promissory estoppel Intention to create legal relations Privity of contract and the Contracts (Rights of Third Parties) Act 1999 Evaluating the rules of agreement and consideration

Contract: TermsContract

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Contract: Misrepresentation and DuressContract

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Contract: DischargeContract

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Contract: RemediesContract

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Criminal Law: Rules and TheoryCriminal

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Criminal Law: General Elements of LiabilityCriminal

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Criminal Law: Offences Against the PersonCriminal

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Criminal Law: Property OffencesCriminal

Topic overview Theft: appropriation and property Theft: belonging to another Theft: dishonesty and intention permanently to deprive Robbery under section 8 of the Theft Act 1968 Burglary: entry, trespass and buildings Burglary under sections 9(1)(a) and 9(1)(b), and aggravated burglary Evaluating the law on theft, robbery and burglary

Criminal Law: DefencesCriminal

Topic overview Insanity and the M'Naghten Rules Automatism: insane and non-insane Intoxication by alcohol and by drugs Self-defence and the prevention of crime Duress by threats Duress of circumstances and necessity Evaluating the capacity and necessity defences

Criminal Law: Preliminary OffencesCriminal

Topic overview Attempt: the statutory definition and its scope The actus reus: acts more than merely preparatory Applying the more than merely preparatory test to the cases The mens rea of attempt Attempting the impossible Attempt, the completed offence and abandonment Evaluating the law on attempts and proposals for reform

The Civil Courts and Dispute Resolution

Appeals in civil cases

3 things to know
AS Unit 1

Overview

General rule about permission to appeal in civil cases, test for a second appeal and leapfrog appeal in a civil case.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Evaluation

Give two criticisms of the civil appeals system.

Key term

Is a civil appeal a fresh hearing of the case?

Key term

Why is an appeal court reluctant to disturb findings of fact?

Questions from this subtopic

Each one with the model answer underneath.

1
What is the general rule about permission to appeal in civil cases?
Model answer
Permission is normally required, either from the court below or from the appeal court, and it is granted only where the appeal has a real prospect of success or there is some other compelling reason to hear it.
2
On what grounds may a civil appeal be brought?
Model answer
An appeal lies on the ground that the decision was wrong in law, in fact or in the exercise of discretion, or that it was unjust because of a serious procedural irregularity.
3
Where does an appeal from a district judge in the County Court go?
Model answer
It goes to a circuit judge sitting in the County Court.
4
Where does an appeal from a circuit judge in the County Court go?
Model answer
It goes to a High Court judge, unless the decision was itself made on appeal.
5
Where does an appeal from a High Court judge go?
Model answer
It goes to the Civil Division of the Court of Appeal.
6
State the test for a second appeal.
Model answer
A second appeal may be heard only by the Court of Appeal, and only where it raises an important point of principle or practice or there is some other compelling reason for the Court of Appeal to hear it.

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Law Making in Wales and the UK

Delegated Legislation

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Judicial Precedent

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