Appeals

Introduction

As Lord Woolf observed in the **Access to Justice Report**, appeals serve both a private and a public purpose: **privately**, they provide justice in particular cases by correcting wrong decisions; **publicly**, they ensure public confidence in the administration of justice and help to **develop the law**. This chapter explains how the civil appeals system works for SQE1 FLK1 purposes: **obtaining permission to appeal**, the **criteria** for granting permission, the **scope** of an appeal, the two **grounds** of appeal, the position on a **stay of proceedings**, the **route and destination** of civil appeals under **Practice Direction 52A**, and the distinct rules governing the **Supreme Court**.

Assessment focus

For the SQE1 FLK1 assessment you must understand the **civil appeals framework** under **CPR Part 52** and **PD 52A**. You should be able to identify when and how **permission to appeal** is obtained (orally at the lower court or on paper by **Form N161** within **21 days**), the **two-limb test** for permission (real prospect of success **or** some other compelling reason), the **two grounds** of appeal (the decision was **wrong**, or **unjust** because of a serious procedural or other irregularity), and the **destination** of an appeal. Questions are single best answer questions (SBAQs) set in **realistic client-based scenarios**; you will be expected to **apply** these rules — for example, to work out which court hears an appeal from a particular decision — rather than merely recall them. This is a closed-book assessment.

Study tips

1) Memorise the **time limits**: file the application (with skeleton argument and note of reasons) within **21 days** of the lower court's decision; serve on the respondent within **seven days** of filing; if a paper application is refused, request an oral hearing within **seven days** (unless certified **totally without merit**). 2) Learn the **two-limb permission test** word-for-word: **real prospect of success** OR **some other compelling reason**. 3) Learn the **two grounds of appeal**: decision **wrong**, or **unjust** owing to **serious procedural or other irregularity**. 4) Remember that an appeal does **not** automatically stay the lower court's order — a **stay must be requested**. 5) Master the **destination rules** under **PD 52A** and the **'leapfrog'** to the Supreme Court; note the **Supreme Court** is governed by **The Supreme Court Rules 2009**, not the CPR.