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Topic:

Appeals

Court:

Court of Appeal

Category:

Civil

YEAR:

2015

 

 

Related link
archive

The Court of Appeal hears appeals in civil proceedings from the High Court except for those cases in which the Supreme Court has permitted an appeal to it on being satisfied that the appeal meets the threshold set out in Article 34.5.4° of the Constitution.  The Court of Appeal also determines questions of law referred to it by the Circuit Court and High Court military judge hearing a Courts-Martial (cases stated).  The court also continues to deal with appeals transferred from the Supreme Court which had been initiated before the establishment of the court on 28th October 2014 and had not been fully or partly heard by the Supreme Court by that date.

The court operates two directions lists which allows the court to case-manage every new appeal lodged – one list for appeals which fall within the categories as set out in Order 86A Rule 7 of the Rules of the Superior Courts (expedited appeals) and another list for all other appeals (ordinary appeals). Appeals transferred from the Supreme Court (Article 64 appeals) are also case-managed by the court by way of periodic call over of groups of such cases and pending inclusion on one of the call over lists any party to an Article 64 appeal may avail of the provisions of a dedicated practice direction dealing with such appeals to have an appeal included in one of the weekly directions lists for the allocation of a hearing date.

New appeals:

Pending at 1st January

109

Incoming 

637

Resolved

366

Pending at 31st December

380

 

Case type

Pending

Incoming

Resolved

 

 

 

In court

Out of court

 

 

 

Determined

Withdrawn

Withdrawn

Article 40 / habeas corpus

3

18

6

3

0

Bail

2

10

4

5

0

Chancery

18

115

30

38

2

Commercial

4

68

9

14

0

Company

2

8

3

2

1

Contract

3

23

2

0

0

Criminal

4

21

9

6

0

Extradition

3

17

8

2

0

Family

2

22

11

5

0

Insolvency (corporate)

0

6

1

0

0

Insolvency (personal)

0

3

5

0

0

Judicial Review (asylum related)

5

16

9

1

0

Judicial review (other)

6

61

21

15

0

Personal injury

12

79

21

12

0

Plenary

5

43

16

28

0

Proceeds of Crime Act

2

3

12

9

0

Security for costs

4

1

3

0

0

Summary judgment

17

79

4

1

0

Other

17

44

23

25

0

Total

109

637

197

166

3

 

Nature of appeal

Expedited

277*

Ordinary

360*

Total

637

* issued in 2015

 

Article 64 appeals

Pending at 1st January

1,293

Resolved

387

Pending at 31st December

906

 

Article 64 appeals: Case type

Pending

Incoming

Resolved

 

 

 

In court

Out of court

 

 

 

Determined

Withdrawn

Withdrawn

Article 40 / habeas corpus

9

-

1

1

0

Bail

17

-

1

0

2

Chancery

186

-

8

11

10

Commercial

82

-

13

10

4

Company

25

-

0

4

0

Contract

11

-

8

2

0

Criminal

11

-

4

3

0

Extradition

0

-

0

0

0

Family

27

-

2

3

2

Insolvency (corporate)

11

-

2

1

3

Insolvency (personal)

17

-

0

0

0

Judicial Review (asylum related)

42

-

1

3

3

Judicial review (other)

136

-

8

8

7

Personal injury

153

-

21

21

30

Plenary

170

-

29

19

11

Proceeds of Crime Act

13

-

0

1

4

Security for costs

11

-

4

0

1

Summary judgment

132

-

21

22

7

Other

240

-

19

30

22

Total

1,293

-

142

139

106

 

Matters

 

Motions listed before the court

305

Applications for directions in Article 64 appeals

112

Written judgments delivered

304

Length of appeal hearing:

 

  › one day or less

632

  › greater than one day but less than two days

5

  › two days or more

7

 

Appeals from appellants in person

188 (29% of total)