Appeals - Destination and grounds of appeals

Learning Outcomes

After studying this article, you will be able to identify the correct destination for civil appeals in England and Wales, explain the main grounds on which an appeal may be brought, and apply the rules on permission to appeal. You will also be able to distinguish between first and second appeals, understand the criteria for leapfrog appeals, and answer SQE1-style questions on appeal routes and grounds.

SQE1 Syllabus

For SQE1, you are required to understand the appeals process in civil litigation, including the correct appellate court, the legal grounds for appeal, and the requirements for permission. In your revision, focus on:

• the hierarchy of civil courts and the destination for appeals from each level
• the main grounds on which an appeal may be brought (errors of law, fact, or procedural irregularity)
• the rules and criteria for obtaining permission to appeal
• the concept and requirements for leapfrog appeals to the Supreme Court

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. Which court hears an appeal from a District Judge’s final decision in the County Court?
   1. High Court Judge
   2. Circuit Judge
   3. Court of Appeal
   4. Supreme Court
2. Which of the following is a valid ground of appeal in civil proceedings?
   1. The judge made a factual finding not supported by evidence
   2. The judge applied the correct law
   3. The losing party disagrees with the outcome
   4. The judge followed the correct procedure
3. What must an appellant show to obtain permission to appeal?
   1. The appeal has a real prospect of success or there is another compelling reason
   2. The appeal is likely to be unsuccessful
   3. The appeal is based only on disagreement with the judgment
   4. The appeal is against a costs order only

4. True or false? All appeals in civil cases require permission to appeal.

Introduction

Appeals are a key part of the civil justice system, providing a structured way to challenge decisions of lower courts. For SQE1, you must know the correct route for appeals, the legal grounds on which an appeal may be brought, and the rules for obtaining permission to appeal. This article explains the main appeal pathways, the grounds for appeal, and the permission process, including special cases such as leapfrog appeals.

Appeal Routes: Which Court Hears the Appeal?

Civil appeals follow a strict hierarchy. The correct destination depends on which judge made the original decision and in which court.

County Court Appeals

• If the original decision was made by a District Judge in the County Court, the appeal is to a Circuit Judge in the County Court.
• If the original decision was made by a Circuit Judge in the County Court, the appeal is to a High Court Judge.

High Court Appeals

• If the original decision was made by a Judicial Officer or District Judge in the High Court, the appeal is to a High Court Judge.
• If the original decision was made by a High Court Judge, the appeal is to the Court of Appeal (Civil Division).

Court of Appeal and Supreme Court

• Appeals from the Court of Appeal (Civil Division) are to the Supreme Court.
• In rare cases, a "leapfrog" appeal may go directly from the High Court to the Supreme Court (see below).

Key Term: appellate court
The court that hears an appeal from a lower court’s decision.

Grounds of Appeal

Not every disagreement with a judgment is a valid ground of appeal. The appellant must show a significant error.

Key Term: ground of appeal
A legal reason for challenging a lower court’s decision, such as an error of law, fact, or procedure.

Main Grounds

• Error of law: The judge applied the wrong legal principle or misinterpreted legislation.
• Error of fact: The judge made findings not supported by the evidence.
• Serious procedural irregularity: The judge failed to follow fair procedure, such as denying a party the opportunity to present their case.

Key Term: procedural irregularity
A significant failure to follow proper court procedure, affecting the fairness of the hearing.

Permission to Appeal

Most civil appeals require permission (leave) to appeal. This acts as a filter to prevent unmeritorious appeals.

Key Term: permission to appeal
The court’s authorisation for an appeal to proceed, usually required in civil cases.

Criteria for Permission

Permission will be granted only if:

• The appeal has a real prospect of success; or
• There is another compelling reason for the appeal to be heard (e.g., an important point of law).

Key Term: real prospect of success
The appeal is arguable and has a realistic (not fanciful) chance of succeeding.

Application Process

• Permission is usually sought from the court that made the original decision, either at the hearing or shortly after.
• If refused, the appellant may renew the application in the appellate court.
• Strict time limits apply (usually 21 days from the decision).

Worked Example 1.1

A District Judge in the County Court gives judgment against a claimant. The claimant believes the judge misunderstood the law and wants to appeal. Where should the appeal be made, and what must the claimant show to obtain permission?

Answer: The appeal is to a Circuit Judge in the County Court. The claimant must show that the appeal has a real prospect of success or there is another compelling reason for it to be heard.

Second Appeals and Leapfrog Appeals

Second Appeals

A second appeal (e.g., from a Circuit Judge to the Court of Appeal) is only allowed if:

• The appeal would raise an important point of principle or practice; or
• There is another compelling reason for the Court of Appeal to hear it.

Leapfrog Appeals

In rare cases, an appeal may go directly from the High Court to the Supreme Court, bypassing the Court of Appeal. This is called a "leapfrog" appeal.

Key Term: leapfrog appeal
An appeal that goes directly from the High Court to the Supreme Court, skipping the Court of Appeal.

A leapfrog appeal requires:

• A certificate from the High Court judge that the case involves a point of law of general public importance.
• Permission from the Supreme Court.
• Usually, the consent of all parties.

Worked Example 1.2

A High Court Judge decides a case involving a novel point of statutory interpretation with national significance. The parties agree to seek a leapfrog appeal. What are the requirements?

Answer: The judge must certify that the case involves a point of law of general public importance. The Supreme Court must grant permission. Usually, all parties must consent.

Summary Table: Appeal Destinations

Key Point Checklist

This article has covered the following key knowledge points:

• Appeals in civil cases follow a strict hierarchy; the destination depends on the original judge and court.
• Valid grounds of appeal are errors of law, fact, or serious procedural irregularity.
• Most appeals require permission, granted only if there is a real prospect of success or another compelling reason.
• Second appeals and leapfrog appeals are allowed only in limited circumstances.
• Leapfrog appeals require a certificate of general public importance and Supreme Court permission.

Key Terms and Concepts

• appellate court
• ground of appeal
• procedural irregularity
• permission to appeal
• real prospect of success
• leapfrog appeal