Podcast
Questions and Answers
What must special leave be known in addition to?
What must special leave be known in addition to?
- Strong evidence
- Judicial review
- Public interest
- Reasonable prospect of success (correct)
Special leave can be granted without the presence of special circumstances.
Special leave can be granted without the presence of special circumstances.
False (B)
What can lead to a manifest denial of justice?
What can lead to a manifest denial of justice?
Refusal of leave to appeal when there are strong prospects of success.
Special leave raises substantial points of law and matters of great ______ importance.
Special leave raises substantial points of law and matters of great ______ importance.
Match the terms with their definitions:
Match the terms with their definitions:
What must be included in the notice of appeal to the High Court?
What must be included in the notice of appeal to the High Court?
A request for leave to appeal must be made verbally to the judge at any time after the judgment.
A request for leave to appeal must be made verbally to the judge at any time after the judgment.
What is a compelling reason for an appeal?
What is a compelling reason for an appeal?
The petition to the SCA must be addressed to the __________.
The petition to the SCA must be addressed to the __________.
Match the following timelines with their respective actions in the leave to appeal procedure:
Match the following timelines with their respective actions in the leave to appeal procedure:
Flashcards
Special Leave
Special Leave
Special leave is granted when there's a strong chance of success in the appeal and the case involves important legal issues, public interest, or a high likelihood of injustice if leave is denied.
Reasonable Prospect of Success
Reasonable Prospect of Success
The applicant must show a reasonable prospect of success in their appeal. This means the appeal has a good chance of being successful.
Special Circumstances
Special Circumstances
These are unusual circumstances that make the case deserving of special attention. They justify allowing an appeal despite the normal requirements.
Substantial Points of Law
Substantial Points of Law
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Matter of Great Public Importance
Matter of Great Public Importance
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Compelling Reasons for Appeal
Compelling Reasons for Appeal
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Special Leave Requirements
Special Leave Requirements
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Application to High Court (HC) For Leave To Appeal
Application to High Court (HC) For Leave To Appeal
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Appeals to HC from MC
Appeals to HC from MC
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Petition to SCA (Special Leave to Appeal)
Petition to SCA (Special Leave to Appeal)
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Study Notes
Special Leave
- Special leave must be granted in addition to reasonable prospect of success
- A party seeking special leave must show special circumstances, which merit further appeal
- The appeal raises a substantial point of law
- The matter is of great public importance to the parties
- The prospects of success are so high that a refusal of leave will result in a manifest denial of justice
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Description
This quiz covers the principles and requirements for granting special leave in legal appeals. Key factors include special circumstances, substantial legal points, and public importance. Understand the criteria that must be met to ensure a fair opportunity for further appeal.
