The Court of Appeal

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Henry, a solicitor, recently handled a complex contractual dispute in the High Court. He believes that the judge’s ruling conflicts with an earlier Court of Appeal decision on the interpretation of key contractual terms. Henry has also come across a Supreme Court decision that might override the Court of Appeal’s earlier decision, but it does not explicitly address the same statutory provision. He wonders whether the Court of Appeal has the authority to depart from its own precedent if the prior decision failed to consider this higher authority. Henry plans to advise his client on the likelihood of success under the relevant exceptions.


Which of the following best reflects the Court of Appeal’s approach to departing from its previous decisions, as established in case law?

Introduction

The Court of Appeal is a senior court of record in England and Wales, situated directly below the Supreme Court in the judicial hierarchy. It is divided into two distinct divisions: the Civil Division and the Criminal Division. The court's primary function is to hear appeals from lower courts, ensuring the correct application and interpretation of law. Familiarity with the Court of Appeal's structure, jurisdiction, and legal principles is indispensable for anyone studying for the SQE1 FLK1 exam.

Structure and Composition

The Court of Appeal consists of two separate divisions, each handling specific types of cases.

Civil Division

The Civil Division is headed by the President of the Court of Appeal. It hears appeals from civil cases decided by the High Court, County Courts, and certain tribunals. Panels typically consist of three Lord Justices of Appeal, although for particularly significant cases, a larger panel may be convened. The judges possess extensive experience in civil law, contributing to the development of legal principles through their judgments.

Criminal Division

Presided over by the Lord Chief Justice, the Criminal Division hears appeals from the Crown Court. Panels usually include the Lord Chief Justice or a senior Lord Justice of Appeal and two other judges, who may be Lord Justices or High Court judges. This division deals with appeals against conviction and sentence, ensuring that criminal proceedings have been conducted fairly and in accordance with the law.

Jurisdiction and Functions

The Court of Appeal's jurisdiction includes both civil and criminal matters, serving as a key mechanism for the correction of errors and the clarification of law.

Civil Jurisdiction

In civil cases, the Court of Appeal hears appeals against decisions from:

  • High Court: Appeals on points of law or significant issues from the Queen's Bench Division, Chancery Division, and Family Division.
  • County Courts: Appeals involving substantial disputes or important legal principles.
  • Tribunals: Appeals from certain tribunals, such as the Employment Appeal Tribunal.

Permission to appeal is required and is granted only if the court considers that the appeal has a real prospect of success or there is some other compelling reason for the appeal to be heard. The relevant procedures are outlined in the Civil Procedure Rules (CPR), which govern the conduct of civil litigation.

Criminal Jurisdiction

In criminal matters, the Court of Appeal hears appeals against:

  • Conviction: On grounds that the conviction is unsafe due to legal errors, misdirections, or new evidence.
  • Sentence: If the sentence imposed is deemed manifestly excessive or unlawful.
  • Rulings on Points of Law: From cases referred by the Attorney General or the Criminal Cases Review Commission.

The court operates under the Criminal Appeal Act 1968, which sets out the grounds and procedures for criminal appeals. The court has the authority to quash convictions, order retrials, substitute convictions for lesser offences, or vary sentences.

Legal Principles and Precedent

The Court of Appeal significantly influences the development of law through its judgments, which establish binding precedents for lower courts.

Doctrine of Precedent

Under the doctrine of stare decisis, the Court of Appeal's decisions are binding on:

  • Lower Courts: Including the High Court, Crown Court, County Courts, and Magistrates' Courts.
  • Itself: Generally, the Court of Appeal is bound by its own previous decisions, promoting legal certainty and consistency.

Exceptions to Binding Precedent

The landmark case of Young v Bristol Aeroplane Co Ltd [1944] KB 718 established exceptions where the Court of Appeal may depart from its own prior decisions:

  1. Conflicting Past Decisions: If there are conflicting past decisions, the court can choose which one to follow.
  2. Per Incuriam Decisions: If a previous decision was made per incuriam (through lack of care), particularly if relevant statutory provisions or binding authority were not considered.
  3. Conflicts with Supreme Court Decisions: If a previous decision conflicts with a subsequent decision of the Supreme Court (formerly the House of Lords), the latter must be followed.

These exceptions ensure that the law can adjust and remedy past oversights while maintaining a degree of stability.

Recent Developments

The Court of Appeal continually adjusts to meet the challenges of modern legal practice.

Digital Transformation

The court has integrated digital technologies to increase efficiency:

  • Electronic Filing: Implementation of the Electronic Working Scheme allows for the digital submission of documents.
  • Virtual Hearings: Use of video conferencing facilities, especially highlighted during the COVID-19 pandemic, enabling cases to proceed without physical attendance.

These advancements aim to improve accessibility and streamline the appellate process.

Procedural Reforms

Recent reforms have focused on refining procedural aspects:

  • Stricter Permission Criteria: Emphasis on the necessity for appeals to have a real prospect of success, reducing frivolous or unmeritorious cases.
  • Case Management Powers: Increased authority for judges to manage cases effectively, including setting timetables and limiting issues to be addressed.

These changes are designed to optimize the use of judicial resources and expedite the resolution of appeals.

Notable Cases

R v Jogee [2016] UKSC 8

Although ultimately decided by the Supreme Court, the Court of Appeal played a significant role in revisiting the law on joint enterprise in criminal liability. This case exemplifies how appellate courts can influence the evolution of legal principles.

Importance for SQE1 FLK1 Exam

A comprehensive understanding of the Court of Appeal is fundamental for the SQE1 FLK1 exam for several reasons:

  • Application of Precedent: Knowing how the doctrine of precedent operates at this level assists in legal analysis and problem-solving.
  • Procedural Knowledge: Familiarity with appellate procedures and jurisdiction improves one's ability to manage legal processes.
  • Case Law Awareness: Awareness of significant cases and legal developments is important for staying current with the law's evolution.

Exam candidates should focus on the court's role in shaping law, the mechanisms of appeals, and the impact of its decisions on legal practice.

Conclusion

The Court of Appeal holds a central position in the legal system of England and Wales, directly impacting the interpretation and application of law. The complex interplay of its jurisdiction, the doctrine of precedent, and procedural rules highlights its significance. As established in Young v Bristol Aeroplane Co Ltd [1944] KB 718, the court balances adherence to precedent with allowing for legal development through its exceptions.

A thorough command of the court's civil and criminal jurisdictions reveals the stringent criteria applied in appeals, emphasizing the need for compelling legal grounds. The court's recent adoption of digital processes and procedural reforms illustrates its responsiveness to contemporary demands, ensuring the continued administration of justice.

For SQE1 FLK1 candidates, a solid understanding of these concepts is essential. In-depth knowledge of the Court of Appeal's functions, legal principles, and its key role in the judicial hierarchy not only prepares one for the exam but also serves as a strong base for effective legal practice within the common law framework.

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Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

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Senior Associate at Trilegal