The judiciary and the court system - The Court of Appeal

Learning Outcomes

After reading this article, you will be able to explain the structure and function of the Court of Appeal, distinguish its civil and criminal jurisdictions, and understand its role in the doctrine of precedent. You will also be able to identify when the Court of Appeal is bound by its own decisions, when exceptions apply, and how its judgments influence lower courts—knowledge essential for SQE1.

SQE1 Syllabus

For SQE1, you are required to understand the Court of Appeal from a practical standpoint. Focus your revision on:

  • the structure and composition of the Court of Appeal (Civil and Criminal Divisions)
  • the Court of Appeal’s civil and criminal appellate jurisdiction
  • the routes of appeal to and from the Court of Appeal
  • the doctrine of precedent as it applies to the Court of Appeal, including exceptions
  • the binding effect of Court of Appeal decisions on lower courts and itself
  • the significance of leading cases such as Young v Bristol Aeroplane Co Ltd

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. What are the two divisions of the Court of Appeal, and what types of cases does each hear?
  2. In what circumstances can the Court of Appeal depart from its own previous decisions?
  3. Are decisions of the Court of Appeal binding on the High Court and County Court?
  4. What is the effect of a Court of Appeal decision that conflicts with a later Supreme Court decision?

Introduction

The Court of Appeal is a senior appellate court in England and Wales, sitting directly below the Supreme Court in the judicial hierarchy. It is divided into two divisions: the Civil Division and the Criminal Division. The Court of Appeal plays a central role in reviewing decisions from lower courts, ensuring the correct application of law, and shaping legal precedent.

Structure and Composition

The Court of Appeal is composed of two distinct divisions:

Civil Division

The Civil Division is led by the Head of the Rolls. It hears appeals from civil cases decided by the High Court, County Court, and certain tribunals. Panels usually consist of three Lord or Lady Justices of Appeal, though the number may vary in less complex cases.

Criminal Division

The Criminal Division is presided over by the Lord Chief Justice or a senior Lord Justice of Appeal. It hears appeals from the Crown Court, typically with a panel of three judges (which may include High Court judges). This division addresses appeals against conviction and sentence in criminal cases.

Key Term: Court of Appeal The Court of Appeal is a senior appellate court in England and Wales, divided into Civil and Criminal Divisions, hearing appeals from lower courts and certain tribunals.

Jurisdiction and Functions

Civil Jurisdiction

The Civil Division hears appeals from:

  • High Court decisions (all three divisions)
  • County Court decisions (in specified circumstances)
  • Certain tribunals, such as the Employment Appeal Tribunal

Appeals are generally only permitted on points of law or where the case raises an important issue. Permission to appeal is required, and is granted if the court considers the appeal has a real prospect of success or another compelling reason.

Criminal Jurisdiction

The Criminal Division hears appeals from the Crown Court, including:

  • Appeals against conviction (where the conviction is alleged to be unsafe)
  • Appeals against sentence (if the sentence is manifestly excessive or unlawful)
  • References from the Attorney General or Criminal Cases Review Commission on points of law

The court may quash convictions, order retrials, substitute convictions for lesser offences, or vary sentences.

Key Term: appellate jurisdiction Appellate jurisdiction is the authority of a court to review and decide appeals from lower court decisions.

Doctrine of Precedent and the Court of Appeal

The Court of Appeal is a key source of binding precedent in the English legal system. Its decisions shape the law for lower courts and, in most cases, for itself.

Key Term: precedent A precedent is a legal principle or rule established in a previous case that is binding on courts when deciding subsequent cases with similar facts.

Binding Effect

  • Decisions of the Court of Appeal are binding on all lower courts, including the High Court, Crown Court, County Courts, and Magistrates’ Courts.
  • Generally, the Court of Appeal is also bound by its own previous decisions, promoting consistency and legal certainty.

Exceptions to Binding Precedent

The Court of Appeal may depart from its own previous decisions in limited circumstances, as established in Young v Bristol Aeroplane Co Ltd [1944] KB 718:

  1. Conflicting Past Decisions: If there are conflicting previous decisions of the Court of Appeal, the court can choose which to follow.
  2. Supreme Court Conflict: If a previous Court of Appeal decision conflicts with a later Supreme Court (or House of Lords) decision, the Supreme Court decision must be followed.
  3. Per Incuriam: If a previous decision was made per incuriam (through lack of care, such as failing to consider relevant law), it need not be followed.

Key Term: per incuriam Per incuriam describes a decision made in ignorance of a relevant statute or binding authority, and so not binding as precedent.

Key Term: Young exceptions The Young exceptions are the three circumstances in which the Court of Appeal can depart from its own previous decisions, as set out in Young v Bristol Aeroplane Co Ltd.

Criminal Division – Additional Flexibility

The Criminal Division may depart from its own previous decisions more readily than the Civil Division, especially where individual liberty is at stake or justice requires it.

Worked Example 1.1

A panel of the Court of Appeal (Civil Division) is hearing a case. Counsel for the appellant cites a previous Court of Appeal decision supporting their argument. Counsel for the respondent cites a conflicting Court of Appeal decision. What should the court do?

Answer: Where there are conflicting previous decisions of the Court of Appeal, the court may choose which to follow. This is one of the Young exceptions.

Worked Example 1.2

A criminal appeal raises a point of law decided in a previous Court of Appeal case, but a later Supreme Court decision has changed the law. Which decision is binding?

Answer: The Supreme Court decision is binding. The Court of Appeal must follow the Supreme Court and may depart from its own earlier decision.

Routes of Appeal

Appeals to the Court of Appeal

  • Civil appeals: From High Court, County Court, and certain tribunals
  • Criminal appeals: From Crown Court

Permission to appeal is required in most cases.

Appeals from the Court of Appeal

  • Further appeals may be made to the Supreme Court, but only on points of law of general public importance and with permission.

Precedent in Practice

Decisions of the Court of Appeal are a major source of law for practitioners and lower courts. The court’s judgments clarify legal principles, resolve uncertainties, and ensure uniformity in the application of law.

Revision Tip

Focus your revision on the Young exceptions and the distinction between the Civil and Criminal Divisions’ approach to precedent.

Recent Developments

The Court of Appeal has adopted digital processes, such as electronic filing and remote hearings, to improve efficiency. Procedural reforms have tightened permission requirements for appeals, aiming to reduce unmeritorious cases and streamline case management.

Key Point Checklist

This article has covered the following key knowledge points:

  • The Court of Appeal is a senior appellate court with Civil and Criminal Divisions.
  • It hears appeals from the High Court, Crown Court, County Court, and certain tribunals.
  • Its decisions are binding on lower courts and, generally, on itself.
  • The Court of Appeal may depart from its own previous decisions only in limited circumstances (the Young exceptions).
  • The Criminal Division has greater flexibility to depart from its own decisions than the Civil Division.
  • Appeals from the Court of Appeal to the Supreme Court require permission and must raise a point of law of general public importance.

Key Terms and Concepts

  • Court of Appeal
  • appellate jurisdiction
  • precedent
  • per incuriam
  • Young exceptions
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