Court of Appeal (England and Wales)

Court of Appeal (England and Wales). It is one of the senior courts in the Judiciary of the United Kingdom and the highest court within the Senior Courts of England and Wales. The court primarily hears appeals on points of law from the High Court of Justice, the Crown Court, and certain tribunals, forming a critical pillar of the common law system. Its decisions create binding precedents for all lower courts in England and Wales.

History and establishment

The court was formally created by the Judicature Act 1873, which came into effect in 1875 as part of the sweeping reforms proposed by Lord Selborne. This legislation, along with the Judicature Act 1875, consolidated the previously disparate system of superior courts, including the Court of Chancery and the Court of Queen's Bench, into a unified Supreme Court of Judicature. The appellate jurisdiction of the old Court of Exchequer Chamber and the Judicial Committee of the House of Lords in English matters was largely transferred to the new Court of Appeal. Significant further reform occurred with the Constitutional Reform Act 2005, which replaced the Appellate Committee of the House of Lords with the Supreme Court of the United Kingdom as the final court of appeal in 2009.

Jurisdiction and function

The Court of Appeal exercises both civil and criminal appellate jurisdiction. Its Civil Division hears appeals from the High Court of Justice, the County Court, and specialized tribunals such as the Upper Tribunal. The Criminal Division hears appeals against conviction and sentence from the Crown Court, and may consider points of law referred by the Attorney General for England and Wales. The court's function is to review the application of law and procedure, not to re-try facts, and its rulings on statutory interpretation or the development of common law are of paramount importance. Permission to appeal, known as "leave," is generally required and is often determined by a single Lord Justice of Appeal.

Structure and composition

The court is headed by the Master of the Rolls, who presides over the Civil Division. The Criminal Division is presided over by the Lord Chief Justice of England and Wales. The court's judges are titled Lords Justices of Appeal and are appointed by the monarch on the advice of the Prime Minister and the Lord Chancellor. They are drawn from the most senior ranks of the judiciary, typically from the High Court of Justice. Other senior judges, including the Lord Chief Justice and the President of the King's Bench Division, also sit in the court. The court usually sits as a bench of three judges, though larger constitutions of five or more may be convened for cases of exceptional importance.

Procedure and notable cases

Appeals are typically heard on the basis of written submissions, witness statements, and transcripts from the lower court, with oral arguments presented by barristers. Landmark judgments from the court have shaped many areas of law; for instance, in *Caparo Industries plc v Dickman* it established the modern test for a duty of care in negligence. In criminal law, the case of *R v Woollin* clarified the law on murderous intent. The court's decisions in cases like *Miller v The Prime Minister* and *Cherry v Advocate General for Scotland* (joined appeals) have also addressed fundamental constitutional principles concerning prorogation of Parliament.

Relationship with other courts

The Court of Appeal stands below the Supreme Court of the United Kingdom, to which it may grant permission for a further appeal on arguable points of general public importance. It is superior to and binds all lower courts, including the High Court of Justice, the Crown Court, and the County Court. Its decisions are also highly persuasive in other common law jurisdictions, such as Scotland, Northern Ireland, and Commonwealth countries. The court works alongside the Administrative Court, which handles judicial review claims, and its judgments can be the subject of such reviews on procedural grounds. The separate Court of Appeal of Northern Ireland and the Inner House of the Court of Session in Scotland are its equivalents in other UK legal jurisdictions.

Category:Courts of England and Wales Category:Appellate courts Category:1875 establishments in the United Kingdom