Court of Appeal of England and Wales

Court of Appeal of England and Wales
Name	Court of Appeal of England and Wales
Caption	Royal Courts of Justice, the main building of the Court of Appeal
Country	England and Wales
Location	London
Established	1875

Court of Appeal of England and Wales is the second-most senior court in the English legal system, after the Supreme Court of the United Kingdom. The court is based at the Royal Courts of Justice in London and is composed of Lord Justices of Appeal and High Court judges. The court hears appeals from the High Court of Justice, County Court, and other tribunals, and its decisions are binding on all lower courts, including the Magistrates' Court and the Crown Court. The court's jurisdiction is defined by the Senior Courts Act 1981 and the Civil Procedure Rules 1998, which are enforced by the Lord Chief Justice of England and Wales and the Master of the Rolls.

Introduction

The Court of Appeal is a critical component of the judicial system of England and Wales, providing a forum for parties to appeal decisions made by lower courts, including the High Court of Justice and the County Court. The court's primary function is to review decisions made by lower courts, ensuring that the law is applied correctly and consistently, as seen in cases such as R v Dudley and Stephens and Donoghue v Stevenson. The court's decisions are guided by the principles of common law and statutory interpretation, as established by Parliament and the European Court of Human Rights. The court's work is supported by the Judicial Office and the Ministry of Justice, which are responsible for the administration of justice in England and Wales.

History

The Court of Appeal was established in 1875, under the Supreme Court of Judicature Act 1873, which aimed to reform the judicial system of England and Wales and create a more efficient and effective system of justice, as advocated by Lord Selborne and Lord Cairns. The court replaced the earlier Court of Appeal in Chancery and the Court of Exchequer Chamber, which were abolished by the Judicature Acts. The court's early years were marked by significant developments, including the establishment of the House of Lords as the highest court in the land, as seen in cases such as Marbury v Madison and Brown v Board of Education. The court's history is closely tied to the development of the English legal system, which has been shaped by influential figures such as William Blackstone, Jeremy Bentham, and John Austin.

Structure

The Court of Appeal is composed of Lord Justices of Appeal and High Court judges, who are appointed by the Monarch on the recommendation of the Lord Chancellor and the Prime Minister. The court is divided into two divisions: the Civil Division and the Criminal Division, which are responsible for hearing appeals in civil and criminal cases, respectively. The court's work is supported by the Royal Courts of Justice, which provides facilities and services for the court, including the Library of the Royal Courts of Justice and the Judicial Office. The court's administration is overseen by the Master of the Rolls and the Lord Chief Justice of England and Wales, who are responsible for ensuring the efficient and effective operation of the court, as seen in the work of Lord Denning and Lord Bingham.

Jurisdiction

The Court of Appeal has jurisdiction to hear appeals from the High Court of Justice, County Court, and other tribunals, including the Employment Appeal Tribunal and the Immigration Appeal Tribunal. The court's jurisdiction is defined by the Senior Courts Act 1981 and the Civil Procedure Rules 1998, which set out the rules and procedures for appealing decisions made by lower courts. The court's decisions are binding on all lower courts, including the Magistrates' Court and the Crown Court, as seen in cases such as R v Shivpuri and Re H (Minors).

Procedure

The procedure for appealing a decision to the Court of Appeal is set out in the Civil Procedure Rules 1998 and the Criminal Procedure Rules 2015. Parties must first obtain permission to appeal from the lower court or the Court of Appeal itself, as seen in cases such as Re T (A Minor) and R v Secretary of State for the Home Department. The court will then consider the appeal and make a decision, which may be based on oral or written submissions, as seen in the work of Lord Hoffmann and Lord Hope of Craighead. The court's decisions are typically published and may be reported in law reports, such as the All England Law Reports and the Law Reports.

Notable Cases

The Court of Appeal has heard many notable cases, including R v Dudley and Stephens, which established the principle of necessity in English law, and Donoghue v Stevenson, which established the principle of duty of care in tort law. Other notable cases include Re H (Minors), which considered the issue of child abduction, and R v Shivpuri, which considered the issue of duress. The court has also heard cases involving high-profile individuals, such as Augusto Pinochet and Julian Assange, and has considered issues of human rights and European Union law, as seen in cases such as Kadi v Council of the European Union and NS v Secretary of State for the Home Department. The court's decisions have been influential in shaping the development of English law and have been cited in cases before other courts, including the Supreme Court of the United Kingdom and the European Court of Human Rights.

Category:Courts of England and Wales