MULTIPLE CHOICE QUESTIONS
ANSWERS
Bar
Professional
Question 1
Norman wishes to appeal against an interim order made in a fast
track claim by District Judge Smith in the County Court sitting at
Neverland yesterday.
Which ONE of the following is CORRECT?
[A] The appeal may be made with permission by way of a review of
the decision to a County Court Circuit Judge.
[B] The appeal may be made with permission by way of a review of
the decision to the Court of Appeal.
[C] The appeal may be made without permission by way of a rehearing
to the County Court Judge.
[D] The appeal may be made as of right by way of a review of the
decision to a High Court Judge.
[[A] is CORRECT. See CPR r.52n.3 (1), 52n.21 and Table 1 in Practice Direction
52A – Appeals: General Provisions (PD 52A) in the White Book 2016. With
regard to the route of appeal, Table 1 at paragraph 3.5 to PD 52A shows that
a decision by a District Judge should be appealed to a County Court Circuit
Judge]
,Question 2
Box Holdings Ltd wish to appeal against the judgment at trial of a
High Court Judge delivered on Friday last week in a breach of
contract claim. The Judge made no order as to the time in which to
file any appeal.
Which ONE of the following is CORRECT?
[A] Notice of appeal must be filed not later than 21 days after the date
on which the judgment was sealed.
[B] Notice of appeal must be filed not later than 28 days after the date
on which the judgment was sealed.
[C] Notice of appeal must be filed not later than 21 days after the date
on which the court gave its decision.
[D] Notice of appeal must be filed not later than 28 days after the date
on which the court gave its decision.
[C] is CORRECT. See CPR r.52n.12 (2) (b) in White Book 2016]
,Question 3
Harvey was the Defendant to a breach of contract claim which was
heard in the County Court sitting at Neverland. The Judge found that
Harvey sold the Claimant a broken car and he was ordered to pay
damages of £5000 to the Claimant. Harvey now has a new statement,
which he considers to be in support of his version of events, from
Hamish. Harvey is determined to appeal, and he seeks your advice in
relation to the ability to rely on Hamish’s statement at the appeal
hearing.
Hamish has just been released from prison having served a sentence
for fraud by false representation. The statement has many
inconsistencies in it, and only addresses Harvey’s apparent surprise
that the car he had sold had broken down 5 minutes after the Claimant
paid for it and drove off in it. Harvey knew that Hamish could have given
this evidence from before the trial began, and had regularly visited him
in prison where they had discussed the claim, but he only thought it
was worthwhile to obtain the statement once he found out that his claim
had not been successful.
Which ONE of the following is the best advice concerning the
Courts discretion to hear new evidence?
[A] New evidence cannot be used on an appeal unless a practice
direction provides otherwise. Therefore, it would be a waste of time
and expense applying to the court for permission to rely on the
statement from Hamish.
[B] The appeal court has a general discretion to hear new evidence if it
would be in the interests of justice in the circumstances of an
individual appeal. Therefore, it is worth requesting permission that
the hearing proceed by way of re-hearing and there is a strong
chance that the court will hear the fresh evidence.
[C] The considerations of the appeal court will include whether the
evidence could not have been obtained with reasonable diligence
for use at the trial, whether it is credible, and whether it was
probable that it would have an important influence on the outcome
of the case. Therefore, whilst the Court has discretion to rely on
fresh evidence in the interests of justice, it is unlikely to do so in this
instance making it a potential waste of time and expense to apply.
[D] The appeal court can receive fresh evidence if it would be in the
interests of justice to hold a re-hearing. Whether the evidence would
have had an important influence on the case is not a factor that the
Court will consider as that cannot be determined unless and until
the evidence is heard.
[C] [This is the BEST ADVICE as the law is correct and the advice on
prospects of success is sound – see Ladd v Marshall [1954] 1 W.L.R. 1489 in
52.11.2 and CPR 52n.21] its discretion to hold a re-hearing].
, Question 4
Loretta has brought a £40,000 claim in the County Court against
Neverland Council for personal injuries sustained in one of their
parks. The claim was allocated to the multi-track due to its value. At
the trial on liability which took place on Friday last week, judgment
was given in favour of Loretta. Permission to appeal was refused by
the Circuit Judge at the end of the trial. Neverland Council have a
conference with you today (please assume this takes place on the
Monday immediately following the split trial). At the end of the
conference Neverland Council provide instructions to you that they
still wish to appeal the decision on liability made at the conclusion
of the trial.
Which of the following is the correct?
[A] Permission to appeal should be sought from the Court of Appeal
in the appeal notice.
[B] The Court may only give permission if it considers that the appeal
would raise an important point of principle or practice or has a real
prospect of success.
[C] Permission to appeal can only be made to the lower court at the
hearing at which the decision to be appealed was made.
[D] The Court may only give permission if it considers that the appeal
would have a real prospect of success or there is some other
compelling reason why the appeal should be heard.
[D] [this is CORRECT – see CPR 52n.6 of the White Book 2016 which states
that permission to appeal may be given only where (a) the court considers
that the appeal would have a real prospect of success or (b) there is some
other compelling reason for the appeal to be heard]
ANSWERS
Bar
Professional
Question 1
Norman wishes to appeal against an interim order made in a fast
track claim by District Judge Smith in the County Court sitting at
Neverland yesterday.
Which ONE of the following is CORRECT?
[A] The appeal may be made with permission by way of a review of
the decision to a County Court Circuit Judge.
[B] The appeal may be made with permission by way of a review of
the decision to the Court of Appeal.
[C] The appeal may be made without permission by way of a rehearing
to the County Court Judge.
[D] The appeal may be made as of right by way of a review of the
decision to a High Court Judge.
[[A] is CORRECT. See CPR r.52n.3 (1), 52n.21 and Table 1 in Practice Direction
52A – Appeals: General Provisions (PD 52A) in the White Book 2016. With
regard to the route of appeal, Table 1 at paragraph 3.5 to PD 52A shows that
a decision by a District Judge should be appealed to a County Court Circuit
Judge]
,Question 2
Box Holdings Ltd wish to appeal against the judgment at trial of a
High Court Judge delivered on Friday last week in a breach of
contract claim. The Judge made no order as to the time in which to
file any appeal.
Which ONE of the following is CORRECT?
[A] Notice of appeal must be filed not later than 21 days after the date
on which the judgment was sealed.
[B] Notice of appeal must be filed not later than 28 days after the date
on which the judgment was sealed.
[C] Notice of appeal must be filed not later than 21 days after the date
on which the court gave its decision.
[D] Notice of appeal must be filed not later than 28 days after the date
on which the court gave its decision.
[C] is CORRECT. See CPR r.52n.12 (2) (b) in White Book 2016]
,Question 3
Harvey was the Defendant to a breach of contract claim which was
heard in the County Court sitting at Neverland. The Judge found that
Harvey sold the Claimant a broken car and he was ordered to pay
damages of £5000 to the Claimant. Harvey now has a new statement,
which he considers to be in support of his version of events, from
Hamish. Harvey is determined to appeal, and he seeks your advice in
relation to the ability to rely on Hamish’s statement at the appeal
hearing.
Hamish has just been released from prison having served a sentence
for fraud by false representation. The statement has many
inconsistencies in it, and only addresses Harvey’s apparent surprise
that the car he had sold had broken down 5 minutes after the Claimant
paid for it and drove off in it. Harvey knew that Hamish could have given
this evidence from before the trial began, and had regularly visited him
in prison where they had discussed the claim, but he only thought it
was worthwhile to obtain the statement once he found out that his claim
had not been successful.
Which ONE of the following is the best advice concerning the
Courts discretion to hear new evidence?
[A] New evidence cannot be used on an appeal unless a practice
direction provides otherwise. Therefore, it would be a waste of time
and expense applying to the court for permission to rely on the
statement from Hamish.
[B] The appeal court has a general discretion to hear new evidence if it
would be in the interests of justice in the circumstances of an
individual appeal. Therefore, it is worth requesting permission that
the hearing proceed by way of re-hearing and there is a strong
chance that the court will hear the fresh evidence.
[C] The considerations of the appeal court will include whether the
evidence could not have been obtained with reasonable diligence
for use at the trial, whether it is credible, and whether it was
probable that it would have an important influence on the outcome
of the case. Therefore, whilst the Court has discretion to rely on
fresh evidence in the interests of justice, it is unlikely to do so in this
instance making it a potential waste of time and expense to apply.
[D] The appeal court can receive fresh evidence if it would be in the
interests of justice to hold a re-hearing. Whether the evidence would
have had an important influence on the case is not a factor that the
Court will consider as that cannot be determined unless and until
the evidence is heard.
[C] [This is the BEST ADVICE as the law is correct and the advice on
prospects of success is sound – see Ladd v Marshall [1954] 1 W.L.R. 1489 in
52.11.2 and CPR 52n.21] its discretion to hold a re-hearing].
, Question 4
Loretta has brought a £40,000 claim in the County Court against
Neverland Council for personal injuries sustained in one of their
parks. The claim was allocated to the multi-track due to its value. At
the trial on liability which took place on Friday last week, judgment
was given in favour of Loretta. Permission to appeal was refused by
the Circuit Judge at the end of the trial. Neverland Council have a
conference with you today (please assume this takes place on the
Monday immediately following the split trial). At the end of the
conference Neverland Council provide instructions to you that they
still wish to appeal the decision on liability made at the conclusion
of the trial.
Which of the following is the correct?
[A] Permission to appeal should be sought from the Court of Appeal
in the appeal notice.
[B] The Court may only give permission if it considers that the appeal
would raise an important point of principle or practice or has a real
prospect of success.
[C] Permission to appeal can only be made to the lower court at the
hearing at which the decision to be appealed was made.
[D] The Court may only give permission if it considers that the appeal
would have a real prospect of success or there is some other
compelling reason why the appeal should be heard.
[D] [this is CORRECT – see CPR 52n.6 of the White Book 2016 which states
that permission to appeal may be given only where (a) the court considers
that the appeal would have a real prospect of success or (b) there is some
other compelling reason for the appeal to be heard]
