The judiciary and the court system - The Court of Appeal

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Overview

The Court of Appeal is a key part of the English and Welsh legal system, influencing legal precedents and ensuring justice is fairly administered. For SQE1 FLK1 exam candidates, a thorough understanding of this court’s structure, functions, and impact is vital. This article examines the Court of Appeal in detail, covering its two divisions, hierarchical position, and effects on legal practice. We discuss recent developments and important legal principles to prepare aspiring solicitors for their exams and legal careers.

Structure and Composition

The Court of Appeal is split into two divisions, each focusing on distinct areas of law:

Civil Division

  • Led by the Master of the Rolls, a role established in the 13th century
  • Consists of Lord Justices of Appeal with civil law backgrounds
  • Normally hears cases in panels of three judges
  • May include the Lord Chief Justice for exceptionally important cases

Criminal Division

  • Led by the Lord Chief Justice
  • Includes Lord Justices with criminal law backgrounds
  • Often sits with two puisne judges
  • May incorporate High Court judges for managing heavy caseloads

This setup ensures appeals are handled by judges with appropriate specialties, allowing for authoritative and thoughtful judgments across various legal areas.

Jurisdiction and Functions

The Court of Appeal handles a broad spectrum of legal issues, reflecting its significant role in the legal arena.

Civil Jurisdiction

  • Reviews lower court and tribunal decisions
  • Hears appeals from all divisions of the High Court
  • Considers appeals from specific tribunals, like the Employment Appeal Tribunal
  • Handles second appeals from County Courts (with granted permission)

Key criteria for granting permission to appeal include:

  • A "real prospect of success"
  • Another compelling reason to hear the appeal

Criminal Jurisdiction

Handles appeals against:

  • Convictions from the Crown Court
  • Sentences from the Crown Court
  • Certain trial decisions

Grounds for criminal appeals are typically limited to:

  • Legal errors
  • Factual errors
  • Procedural issues

The court's ability to overturn convictions or change sentences is essential for preventing miscarriages of justice.

Legal Principles and Precedent

The Court of Appeal’s decisions significantly shape legal precedent, binding lower courts and guiding future legal interpretations.

Binding Precedent

The doctrine of binding precedent (stare decisis) defines the Court of Appeal’s influence:

  • Its decisions bind all lower courts in England and Wales
  • Generally follows its previous decisions, with limited exceptions

Exceptions include:

  1. Conflicting past decisions
  2. Decisions made per incuriam (through lack of care)
  3. Decisions before the 1966 House of Lords Practice Statement

Case Example: Young v Bristol Aeroplane Co Ltd [1944] KB 718

This landmark case outlined the exceptions to the Court of Appeal's obligation to follow its own past decisions, balancing consistency and flexibility in legal interpretation.

Recent Developments and Reforms

The Court of Appeal has evolved recently, aligning with technological and legal advancements.

Digital Transformation

  • Adoption of electronic filing systems
  • Virtual hearings, especially during the COVID-19 pandemic
  • Improved access to court records and judgments

These changes require legal professionals to be familiar with digital platforms and remote advocacy.

Procedural Reforms

Recent updates aim to streamline the appeals process:

  • Stricter permission to appeal criteria
  • Improved case management powers
  • Costs budgeting in civil appeals

Case Example: Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48

Originating in the Court of Appeal, this case highlighted the evolving approach to bias in arbitration, setting a stage for Supreme Court clarification.

Impact on Legal Practice and the SQE1 FLK1 Exam

Understanding the Court of Appeal is key for success in the SQE1 FLK1 exam and legal practice.

Exam Relevance

Candidates should be able to:

  • Analyze the court’s place in the judicial hierarchy
  • Explain its decisions' binding nature on lower courts
  • Discuss the criteria for appeal permission
  • Identify exceptions to its self-binding nature

Practical Application

For future solicitors, understanding the Court of Appeal affects:

  • Advising clients on appeal prospects
  • Crafting persuasive, precedent-aligned arguments
  • Navigating the procedural aspects of appeals

Conclusion

The Court of Appeal is central to the English and Welsh legal system, making it important for SQE1 FLK1 candidates and practicing solicitors. Its dual structure, binding decisions, and recent updates shape appellate justice. A thorough understanding of its role, functions, and ongoing practices is essential for both exam success and legal practice.

Key points to remember:

  1. The Court of Appeal consists of Civil and Criminal Divisions, each focusing on specific law areas.
  2. Its decisions bind lower courts and generally itself, with limited exceptions.
  3. Recent reforms have introduced digital advancements and streamlined processes.
  4. Understanding the court's role is essential for advising clients and developing effective legal strategies.
  5. The court's decisions continue to influence common law, remaining a significant subject for legal professionals in England and Wales.