Chapter 4. Appeals

Civil Cases

The appeal process provides the means to challenge and review a court’s decision.

1.1 Routes for Appeal

The Access to Justice (Destination of Appeals) Order 2000 delineates the paths for appeals. The order considers the level of the original judge and the court in which the decision was made.

Generally, appeals from the County Court go to the High Court and then possibly to the Court of Appeal.

Cases that begin in the High Court typically progress to the Court of Appeal, and in exceptional cases involving significant legal questions, may proceed directly to the Supreme Court.

Each stage of the appeal process is designed to ensure that justice is thoroughly administered, with the possibility of a review by higher courts when necessary.

1.2 Permission Must Be Sought

To appeal a civil case, the losing party must first seek permission from the court that made the initial judgment. If permission is denied, the party can apply to the Court of Appeal.

An appeal is only likely to be granted if there appears to be a real prospect of success or if there is some other compelling reason why the appeal should be heard.

Criminal Appeals

The criminal appeal process allows for decisions in criminal cases to be reviewed and potentially overturned or modified, subject to certain conditions and procedural rules.

2.1 The Crown Court

The Crown Court has jurisdiction to hear appeals against both sentence and verdict in criminal cases. If a defendant has entered a guilty plea, the scope of the appeal is limited to the sentence.

An appeal in the Crown Court involves a complete rehearing, which may include the examination of existing evidence and the introduction of new evidence.

2.2 High Court

The High Court can hear appeals on procedural grounds from the Magistrates’ Court. This typically involves a panel of judges reviewing whether the lower court applied the correct procedures, with the power to affirm, modify, or remand the case.

2.3 Administrative Court (Division of the High Court)

The Administrative Court can hear appeals on the basis that a lower court acted beyond its powers (ultra vires). This court examines whether the correct legal process was followed rather than the specifics of the case itself.

2.4 Court of Appeal

The Court of Appeal primarily hears appeals from the convicted party on either the conviction or the sentence. Time limits apply, but in certain circumstances, such as new evidence emerging, an out-of-time appeal can be made to the Criminal Cases Review Commission (CCRC) to reconsider the case.

2.5 Supreme Court

Significant cases, particularly those involving points of law of public importance, may be appealed directly to the Supreme Court, bypassing the Court of Appeal if permission is granted.