Court of Appeal (England and Wales)

Court of Appeal (England and Wales)
Anthony M. from Rome, Italy · CC BY 2.0 · source
Name	Court of Appeal (England and Wales)
Established	1875
Country	United Kingdom
Location	Royal Courts of Justice, London
Authority	Senior Courts Act 1981
Appeals from	High Court of Justice; Crown Court; tribunals
Appeals to	Supreme Court of the United Kingdom
Chief judge title	Master of the Rolls
Chief judge name	Sir Geoffrey Vos

Court of Appeal (England and Wales) is the principal appellate court for civil and criminal matters in England and Wales, sitting at the Royal Courts of Justice, London. It hears appeals from the High Court of Justice, the Crown Court, and certain tribunals, and its decisions are binding on lower courts unless overturned by the Supreme Court of the United Kingdom or by statute. The court is divided into the Civil Division and the Criminal Division and is led by the Master of the Rolls and the Lord Chief Justice respectively in administrative terms.

History

The Court of Appeal was created by the Judicature Acts 1873 and 1875 as part of a major reorganisation that included the High Court of Justice and abolished the separate common law courts like the Court of King's Bench, the Court of Common Pleas, and the Court of Exchequer. Early influential figures included Lord Halsbury, Lord Alverstone, and Lord Esher. The development of appellate practice was shaped by landmark cases such as Donoghue v Stevenson and legislative reforms including the Senior Courts Act 1981 and the Constitutional Reform Act 2005. The court's role evolved alongside institutions like the Judicial Committee of the Privy Council and the later creation of the Supreme Court of the United Kingdom in 2009.

Jurisdiction and Composition

The Court exercises appellate jurisdiction under statutes including the Senior Courts Act 1981 and criminal procedural rules like the Criminal Appeal Act 1968. Composition varies by list: the Civil Division sits with panels usually of three judges led by the Master of the Rolls or a Lord Justice of Appeal, while the Criminal Division is led administratively by the Lord Chief Justice and panels typically include three or more lords justices of appeal. Appeals may follow permission grants from the High Court of Justice or direct leave under rules found in the Civil Procedure Rules and the Criminal Procedure Rules. It hears statutory appeals from specialist tribunals such as the Employment Appeal Tribunal, the Upper Tribunal (Administrative Appeals Chamber), and the Technology and Construction Court appeals list.

Civil Division

The Civil Division handles appeals in areas arising from the High Court of Justice including the Queen's Bench Division, the Chancery Division, and the Family Division where civil rights intersect. It decides complex matters involving statutes like the Law of Property Act 1925, the Companies Act 2006, and principles developed in cases such as Caparo Industries plc v Dickman and Street v Mountford. The division has jurisdiction over appellate review of arbitration awards under the Arbitration Act 1996 and of specialist lists including commercial chancery and intellectual property disputes which may cite precedents from cases involving Rolls-Royce plc or SmithKline Beecham. Permission to appeal, case management, and costs follow protocols influenced by the Civil Procedure Rules and practice directions.

Criminal Division

The Criminal Division hears appeals against conviction and sentence from the Crown Court and deals with points of law referred by the Attorney General for England and Wales. Notable criminal appellate authorities include the Criminal Appeal Act 1968 and guidance from the Criminal Procedure Rules Committee. Cases may address statutory offences under the Offences against the Person Act 1861, the Proceeds of Crime Act 2002, or procedural protections shaped by decisions involving figures such as Jeremy Bamber and landmark rulings including themes from R v Brown and R v R. The division also supervises cases involving contempt, double jeopardy, and questions of jury misdirection referencing precedents like R v Turnbull.

Procedure and Practice

Appeals proceed under detailed instruments: the Civil Procedure Rules and the Criminal Procedure Rules, with practice directions issued by the Senior President of Tribunals and the court itself. Permission to appeal, time limits, grounds of appeal, and disclosure obligations are governed by statutory schemes and rules of court shaped by cases such as Donoghue v Stevenson for duty principles and Caparo Industries plc v Dickman for negligence tests. Hearings are typically oral with written skeleton arguments; but the court may decide on the papers, grant leapfrog appeals to the Supreme Court of the United Kingdom, or refer questions of law for clarification. Enforcement of orders interacts with instruments like the Civil Enforcement of Judgments procedures and collection powers under the Tribunal, Courts and Enforcement Act 2007.

Judges and Appointments

Judges in the Court include the Master of the Rolls, the President of the Queen's Bench Division historically, the Lord Chief Justice, and Lords Justices of Appeal. Appointments are made through the Judicial Appointments Commission following eligibility criteria codified in the Constitutional Reform Act 2005 and standards guided by bodies such as the Judicial Office. Senior judicial figures have included Lord Denning, Sir Thomas Bingham, and Lady Hale. Tenure, recusals, and discipline interact with oversight from the Lord Chancellor and published judicial conduct guidance.

Notable Decisions and Impact

The Court's jurisprudence has shaped areas exemplified by decisions that influenced negligence law in Donoghue v Stevenson antecedents, contractual doctrines in Entores Ltd v Miles Far East Corporation line, and public law in cases connected to R (on the application of Miller) themes. Influential rulings by the court have affected commercial practice involving entities like Barclays Bank and BP plc, family law principles referring to Gillick v West Norfolk and Wisbech Area Health Authority lineage, and criminal law developments following decisions related to R v Brown and R v Turner strands. Its decisions are frequently cited in adjudication across the United Kingdom and in common law jurisdictions such as Australia, Canada, and New Zealand where persuasive authority is significant.

Category:Courts of England and Wales