Anexo III

Autor:Raúl C. Cancio Fernández
Páginas:125-130
 
EXTRACTO GRATUITO

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House of Lords Session 2006-07

PRACTICE DIRECTIONS APPLICABLE TO CIVIL APPEALS PART I-. DIRECTIONS ON PETITIONS FOR LEAVE TO APPEAL

  1. PERMISSION TO APPEAL

Introduction
1.1 Subject to certain conditions, appeals in civil matters may be brought to the House of Lords from the Court of Appeal in England and Wales and in Northern Ireland, from the High Court in England and Wales and in Northern Ireland under the “leapfrog” procedure, and from the Court of Session in Scotland[1]. The judicial procedures of the House are regulated by statute, by standing orders of the House and by practice directions[2]. Copies of these and other documents may be obtained free of charge from the Judicial Office of the House of Lords or downloaded from the Internet.

Terminology
1.2 The Appellate Jurisdiction Act 1876 is the basic Act governing the judicial function of the House of Lords. This booklet uses the terminology of that Act. The term “leave to appeal” means permission to appeal. A “petition for leave to appeal” is an application for permission to appeal.

Right of appeal
1.3 The right of appeal to the House of Lords is regulated by statute and subject to statutory restrictions. The relevant statutes for civil appeals

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are: the Administration of Justice (Appeals) Act 1934; the Administration of Justice Act 1960; the Administration of Justice Act 1969; the Judicature (Northern Ireland) Act 1978; the Court of Session Act 1988; and the Access to Justice Act 1999. Every applicant for leave to appeal must comply with the statutory requirements before the application can be considered by the House. The Human Rights Act 1998 applies to the House in its judicial capacity. But that Act does not confer any general right of appeal to the House, or any right of appeal in addition to or superseding any right of appeal provided for in Acts passed before the coming into force of the Human Rights Act 1998.

Stay of execution
1.4 See direction 43.

Appeals from (i) the Court of Appeal in England & wales; and (ii) the Court of Appeal in Northern Ireland
1.5 An appeal to the House of Lords from any order or judgment of the Court of Appeal in England and Wales or in Northern Ireland may only be brought with the leave of the Court of Appeal or of the House of Lords[3].
1.6 An application for leave to appeal must be made first to the Court of Appeal and only after that Court refuses leave may application be made to the House of Lords itself. Application is made by presenting a petition for leave...

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