Appeals and Appellate Procedure in England and Wales

Introduction

The appellate system in England and Wales provides a hierarchical structure for challenging decisions of courts and tribunals. The system ensures that errors of law and serious procedural irregularities can be corrected, that legal principles are developed consistently, and that individual justice is achieved. The appellate courts include the Court of Appeal (Civil and Criminal Divisions), the Criminal Cases Review Commission, and the Supreme Court of the United Kingdom.

Civil Appeals

Civil appeals are governed by Part 52 of the Civil Procedure Rules. The general rule is that permission to appeal is required from the lower court or the appeal court. Permission may be granted 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.

Appeals from the County Court and the High Court lie to the Court of Appeal (Civil Division) . Appeals from the Family Court lie to the Court of Appeal. The Court of Appeal reviews the decision of the lower court and may: dismiss the appeal; allow the appeal (setting aside the decision); vary the decision; or order a new trial.

The second appeals test applies to appeals from a decision of the County Court or the High Court where the appeal is itself a second appeal (that is, the decision of the lower court was itself made on appeal). Permission for a second appeal may be granted only where the appeal would raise an important point of principle or practice, or there is some other compelling reason for the Court of Appeal to hear it.

Criminal Appeals

Appeals from the magistrates’ court are to the Crown Court (for a rehearing) or to the High Court by way of case stated (on a point of law). The Crown Court may confirm, reverse, or vary the decision, or remit the case to the magistrates with its opinion.

Appeals from the Crown Court lie to the Court of Appeal (Criminal Division) . The defendant may appeal against conviction on a point of law as of right, but requires permission for appeals on fact or mixed fact and law, or against sentence. The Court of Appeal may: dismiss the appeal; allow the appeal and quash the conviction; substitute a conviction for an alternative offence; vary the sentence; or order a retrial.

The Criminal Cases Review Commission (CCRC) is an independent body established by the Criminal Appeal Act 1995. The CCRC investigates suspected miscarriages of justice and may refer cases to the Court of Appeal where there is a real possibility that the conviction or sentence would not be upheld. The CCRC has power to obtain documents and to appoint investigators.

The Supreme Court

The Supreme Court of the United Kingdom is the final court of appeal for civil cases throughout the UK and for criminal cases in England, Wales, and Northern Ireland. The Supreme Court was established by the Constitutional Reform Act 2005 and replaced the Appellate Committee of the House of Lords in 2009.

Appeals to the Supreme Court require permission, which may be granted by the Court of Appeal or by the Supreme Court itself. Permission is granted only where the appeal raises a point of law of general public importance. The Supreme Court hears approximately 80 cases per year.

The Supreme Court’s decisions are binding on all lower courts and tribunals. The Supreme Court may depart from its own previous decisions where it appears right to do so, applying the Practice Statement 1966 (as adopted by the House of Lords).

Judicial Review of Appellate Decisions

Decisions of appellate courts may be subject to judicial review in limited circumstances. In R (Cart) v Upper Tribunal (2011), the Supreme Court held that decisions of the Upper Tribunal are subject to judicial review, but only where the claim raises an important point of principle or there is some other compelling reason.

Interlocutory Appeals

Certain interlocutory decisions (decisions made during the course of proceedings) may be appealed immediately. The court’s permission is required, and the court must be satisfied that the appeal would result in a significant saving of costs or time, or that there is some other compelling reason for an immediate appeal.

Conclusion

The appellate system in England and Wales provides a comprehensive framework for challenging decisions of courts and tribunals. The requirement for permission, the limitation of second appeals, and the jurisdiction of the Supreme Court ensure that the appellate system is accessible for meritorious appeals while protecting the finality of decisions and the efficient administration of justice.