Appeal from a circuit judge in the County Court: destination and permission (CPR 52.3, 52.6; PD 52A)
After a three-day trial on the intermediate track, His Honour Judge Lister, a circuit judge sitting in the County Court at Birmingham, gave final judgment for £88,000 against Wexford Joinery Ltd. Wexford believes the judge misinterpreted a key contract term and wants to appeal. The decision was not made in insolvency, family or contempt proceedings, and it was not itself made on appeal.
Which of the following correctly states to which court the appeal lies and whether permission is required?
Choose one answer to see the reasoning.
Worked answer
Correct answer E: To a High Court judge, with permission, which requires a real prospect of success or some other compelling reason.
THE RULE TO REMEMBER
An appeal from a circuit judge in the County Court lies to a High Court judge and needs permission, given only for a real prospect of success or another compelling reason.
Appeal from a circuit judge in the County Court: destination and permission (CPR 52.3, 52.6; PD 52A)
Table 1 in Practice Direction 52A sets out the destination of first appeals, whether the decision is interim or final (para 3.5). For a decision of a circuit judge in the County Court, other than in contempt proceedings, the appeal lies to a single judge of the High Court. Under CPR 52.3(1)(a), an appellant requires permission to appeal from a decision of a judge in the County Court, subject to exceptions (such as committal orders) that do not apply here. Permission may be sought from the lower court at the hearing at which the decision was made, or from the appeal court in the appellant's notice (CPR 52.3(2)). By CPR 52.6(1), permission may be given only where the court considers that the appeal would have a real prospect of success, or there is some other compelling reason for the appeal to be heard. Wexford's appeal therefore goes to a High Court judge, and it needs permission.
Why A is wrong: Final decisions of a circuit judge no longer go to the Court of Appeal; PD 52A Table 1 sends them to a High Court judge.
Why B is wrong: The destination is a High Court judge, and permission is required under CPR 52.3(1)(a).
Why C is wrong: Permission is required for appeals from County Court judges, whether the decision is interim or final.
Why D is wrong: An appeal from a circuit judge lies to a High Court judge, not to another circuit judge; circuit judges hear appeals from district judges.
A little more practice done.
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