Question Details: I represented myself in the High Court applying for leave to appeal my case to the Court of Appeal. Unfortunately due to time pressure I was unable to advance my full argument. The application was therefore declined. Is there anyway I can get past this hurdle, by going directly to the Court of Appeal arguing that I have a seriously arguable question of law to be heard?
Filed under Litigation | 1396 View(s)
It depends what it says in the Act that covers your appeal rights. If you require leave of the High Court to appeal a decision to the Court of Appeal (as you have stated) and leave is refused, you are sometimes able to apply for leave directly to the Court of Appeal, if the governing statute to which your decision relates provides this ability.
Answered 8 Oct 2013. The IMPORTANT NOTICE below is part of this answer.
The answer provided above is intended for general informational purposes only and cannot be
considered a substitute for face-to-face legal advice. It should not be relied upon as the sole
basis for taking action in relation to a legal issue. Laws change frequently, and small
variations in the facts, or a fact not provided in the question, can often change a legal
outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or
publishers of the answer, for loss, damage or inconvenience arising in any way from the use of
this site. While each answer has been published by a lawyer with a practising certificate, that
person may not necessarily have experience in the particular area of law involved.