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Appeals from county
court and High Court |
May hear appeals from
the county court and the High Court on matters of law or fact.
May also hear appeals
on questions of law from the many administrative tribunals, such as the
Restrictive Practices Court and the Lands Tribunal.
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Location |
The Court of Appeal is situated in the Royal
Courts of Justice in The Strand in London, it occupies the same building
as the High Court. Sometimes the Court of Appeal will sit in regions for
example Birmingham, to hear local matters.
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Allow, dismiss or new
trial |
Appeals may he allowed
or dismissed, or a new trial ordered. The majority of appeals are on
points of law, but appeals may dispute the judges' awards of damages.
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The judges |
Not less than three of
the following hears appeals:
(a) The Lord
Chancellor
(b) The Lord Chief
Justice
(c) The President of
the Family Division of the High Court
(d) The Lords of Appeal
in Ordinary (the Law Lords)
(e) The Master of the
Rolls
(f) The Lords Justices
of Appeal.
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Master of Rolls
3 or 5 |
Normally Master of the
Rolls and the Lords Justices of Appeal only hear the appeals.
Usual number of judges
for each case is three. In cases of great legal importance, five or more
judges may sit in a full court.
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Appointed by Queen
Barristers of 15 years
and/or High Ct judge |
The Queen on the advice
of the Prime Minister appoints a Lord Justice of Appeal.
Must have been a
barrister for 15 years and usually a High Court judge for many years.
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Hypothetical appeals |
Fletcher and others v Blackpool
Fylde and Wyre Hospitals NHS Trust and another (2006) CA
The Court of Appeal would not normally entertain an academic or
hypothetical appeal. Although it had a discretion to hear such appeals
when they involved matters of public law, such a discretion would be
exercised sparingly, and only when there was good reason in the public
interest for doing so.
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