Learning Outcomes
After reading this article, you will be able to explain the structure and function of the appeal system in England and Wales, identify the hierarchy of courts and their appellate routes, distinguish between binding and persuasive precedent, and apply the main procedural rules for appeals. You will also be able to analyse how appeals contribute to the consistent and fair administration of justice, and recognise the key legal terms and concepts relevant to appeals for SQE1.
SQE1 Syllabus
For SQE1, you are required to understand the appeal system as part of the legal system of England and Wales. In your revision, focus on:
- the hierarchy of courts and the designated appellate routes in civil and criminal cases
- the grounds and procedures for appeals, including permission to appeal and time limits
- the doctrine of judicial precedent and its role in appellate decisions
- the powers of appellate courts and the effect of appellate judgments
- how appellate decisions develop and clarify the law
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.
- Which court is the final appellate court for civil and criminal cases in England and Wales?
- What is the main difference between a binding precedent and a persuasive precedent?
- What are the usual grounds for an appeal in civil or criminal proceedings?
- In which circumstances is permission to appeal required, and who can grant it?
Introduction
The appeal system in England and Wales is a structured process that allows higher courts to review decisions made by lower courts. Appeals are a key safeguard to ensure that justice is properly administered, errors are corrected, and the law is applied consistently. Understanding the hierarchy of courts, the routes of appeal, and the principles of judicial precedent is essential for SQE1.
The Court Hierarchy and Appellate Routes
The court system is organised in a hierarchy. Each level has specific appellate functions. Knowing the correct route of appeal is essential for both civil and criminal cases.
Supreme Court
The Supreme Court is the highest appellate court in the UK for both civil and criminal cases (except Scottish criminal cases). It hears appeals on points of law of general public importance. Permission (leave) to appeal is required, and is granted only if the case raises an important legal issue.
Key Term: Supreme Court The final appellate court in the UK, hearing appeals on points of law of general public importance.
Court of Appeal
The Court of Appeal is divided into two divisions:
- Civil Division: Hears appeals from the High Court, County Court, and certain tribunals.
- Criminal Division: Hears appeals from the Crown Court in criminal matters.
Permission to appeal is generally required, and the court will grant it only if there is a real prospect of success or another compelling reason.
Key Term: Court of Appeal The appellate court below the Supreme Court, with Civil and Criminal Divisions, hearing appeals from lower courts.
High Court
The High Court acts as both a court of first instance and an appellate court. Its Divisional Courts hear appeals from magistrates’ courts and certain tribunals. The Administrative Court (part of the Queen’s Bench Division) hears judicial review applications and appeals on points of law.
Crown Court
The Crown Court hears appeals from magistrates’ courts in criminal cases. Appeals are usually heard by a judge sitting with magistrates.
County Court and Magistrates’ Courts
The County Court and magistrates’ courts are courts of first instance. Their decisions can be appealed to higher courts as set out above.
Grounds and Permission for Appeal
Appeals are not automatic. They must be based on valid grounds and usually require permission.
Grounds for Appeal
Common grounds for appeal include:
- Error of law: The judge applied the wrong legal principle.
- Procedural irregularity: There was a significant error in the conduct of the trial.
- Unreasonable verdict: The decision was not supported by the evidence.
- New evidence: Relevant evidence has emerged that was not available at trial.
Key Term: Grounds for Appeal The legal reasons on which an appeal is based, such as error of law, procedural irregularity, or new evidence.
Permission to Appeal
Most appeals require permission (leave) to appeal. This is to prevent unmeritorious appeals and to ensure judicial resources are used efficiently.
- First appeals: Permission is usually required from the court that made the decision or the appellate court.
- Second appeals: Further appeals are allowed only in exceptional cases, usually involving an important point of law.
Key Term: Permission to Appeal The requirement to obtain approval from a court before an appeal can proceed, usually granted if there is a real prospect of success.
Time Limits
Appeals must be lodged within strict time limits, typically 21 days from the decision. Extensions are rarely granted and only for good reason.
The Doctrine of Judicial Precedent
The appeal system is closely linked to the doctrine of judicial precedent, which ensures consistency and predictability in the law.
Key Term: Judicial Precedent The principle that courts must follow legal decisions (precedents) set by higher courts in previous cases with similar facts.
Binding and Persuasive Precedent
- Binding precedent: Lower courts must follow decisions of higher courts in the hierarchy.
- Persuasive precedent: Decisions from courts of the same level, lower courts, or foreign courts may be considered but are not binding.
Key Term: Binding Precedent A legal principle established by a higher court that must be followed by lower courts in future similar cases.
Key Term: Persuasive Precedent A legal principle that a court may consider and follow but is not obliged to do so.
Ratio Decidendi and Obiter Dicta
- Ratio decidendi: The legal reasoning essential to the decision, which is binding.
- Obiter dicta: Comments or observations not essential to the decision, which may be persuasive.
Key Term: Ratio Decidendi The legal principle or reasoning in a judgment that forms the binding part of the precedent.
Key Term: Obiter Dicta Remarks made by a judge in a judgment that are not essential to the decision and are not binding.
The Appeal Process: Steps and Powers
Steps in an Appeal
- Notice of Appeal: The appellant files a notice stating the grounds of appeal within the time limit.
- Permission to Appeal: The court decides whether to grant permission.
- Substantive Hearing: If permission is granted, the appellate court reviews the case, usually focusing on points of law.
- Judgment: The appellate court may affirm, reverse, vary, or remit the decision.
Powers of Appellate Courts
Appellate courts have broad powers, including:
- Affirming the original decision.
- Reversing or varying the decision.
- Ordering a retrial.
- Substituting a different verdict or sentence.
The Role of Appellate Decisions
Appellate decisions clarify, develop, and harmonise the law. They ensure that errors are corrected and that similar cases are treated consistently. Appellate judgments may also prompt legislative change if Parliament decides to amend the law in response.
Worked Example 1.1
A defendant is convicted in the Crown Court of theft. His lawyer believes the trial judge misdirected the jury on the meaning of dishonesty. What is the correct appellate route and likely outcome?
Answer: The defendant can appeal to the Court of Appeal (Criminal Division) on the ground of error of law. If the court finds the judge misdirected the jury, it may quash the conviction and order a retrial or substitute a verdict.
Worked Example 1.2
A claimant loses a contract dispute in the High Court. The judge’s interpretation of a key contractual term is controversial and could affect many similar cases. What is the next step?
Answer: The claimant may seek permission to appeal to the Court of Appeal (Civil Division). If the case raises a point of law of general importance, the Court of Appeal may grant permission and, if it overturns the decision, its judgment will set a binding precedent.
Key Point Checklist
This article has covered the following key knowledge points:
- The appeal system allows higher courts to review decisions of lower courts to correct errors and ensure justice.
- The court hierarchy determines the correct appellate routes for civil and criminal cases.
- Appeals must be based on valid grounds and usually require permission to appeal.
- The doctrine of judicial precedent ensures consistency by requiring lower courts to follow binding decisions of higher courts.
- Appellate courts have powers to affirm, reverse, vary, or remit decisions, and their judgments develop and clarify the law.
- Strict time limits and procedural rules apply to appeals.
Key Terms and Concepts
- Supreme Court
- Court of Appeal
- Grounds for Appeal
- Permission to Appeal
- Judicial Precedent
- Binding Precedent
- Persuasive Precedent
- Ratio Decidendi
- Obiter Dicta
