Court of Appeal in the context of "Chancellor of the High Court"

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⭐ Core Definition: Court of Appeal

An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. An appellate court other than a supreme court is sometimes referred to as an intermediate appellate court.

In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules.

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👉 Court of Appeal in the context of Chancellor of the High Court

The Chancellor of the High Court, known until 2005 as the Vice-Chancellor of the High Court, is the head of the Chancery Division of the High Court of Justice of England and Wales. This judge and the other two heads of divisions (Family and King's Bench) sit by virtue of their offices often, as and when their expertise is deemed relevant, in a panel in the Court of Appeal (England and Wales). As such this judge ranks equally to the President of the Family Division and the President of the King's Bench Division.

From 1813 to 1841, the solitary and from 1841 to 1875, the three ordinary judges of the Court of Chancery – rarely a court of first instance until 1855 – were called vice-chancellors. The more senior judges of the same court were the Lord Chancellor and the Master of the Rolls (who were moved fully to the Court of Appeal above in 1881). Each would occasionally hear cases alone or make declarations on paper applications alone. Partly due to the old system of many pre-pleadings, pleadings, and hearings before most cases would reach Chancery the expense and duration of proceedings was pilloried in art and literature before the reforms of the late 19th century. Charles Dickens set Bleak House around raised hopes in a near-incomprehensible, decades-long case in Chancery (Jarndyce and Jarndyce), involving a decision on an increasingly old will which was rendered useless as all of the deceased's wealth was – unknowingly to the prospective beneficiaries – absorbed in legal costs. Reform swiftly followed.

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Court of Appeal in the context of Civil Procedure Rules

The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and the County Court in civil cases in England and Wales. They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court Rules. The Civil Procedure Rules 1998 (SI 1998/3132) is the statutory instrument listing the rules.

The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non-lawyers. As a consequence of this, many former, older legal terms were replaced with "plain English" equivalents, such as "claimant" for "plaintiff" and "witness summons" for "subpoena".

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