What does an appellant have to show likely to get an appeal?
That lower court was wrong as to interpretation or discretion
Or unjust in procedure
What are the permission to appeal grounds?
real prospect of success
some other compelling reason, like public policy or question of law
What are the appeal grounds for a second appeal to the Court of Appeal?
Real prospect of success
Compelling reason
Important point of law or principle
Remember, you need permission from CoA for this
When to commence the procedure to request permission to appeal
At end of trial to trial judge
Use appeal notice if this is unsuccessful
What happens if I apply for permission to appeal to the Court of Appeal?
Judge may direct that the application cannot be fairly determined without the parties and needs to be heard within 14 days of the direction
What are the time limits on filing an appeal notice?
21 days against county or high
28 days for permission FROM the CoA to supreme court
What are the stages in the leapfrog process?
- the grant of a leapfrog certificate by the trial judge; and
- the grant of permission to appeal by the CoA
- the grant of permission to appeal by the Supreme Court
What must be proven in a leapfrog appeal?
Real prospect
Compelling reason
Important principle or point of law
