Book contents
- Frontmatter
- Contents
- Preface
- List of abbreviations
- Introduction
- I The litigation process
- II Protection of diffuse, fragmented and collective interests
- III Procedural modes
- IV The parties and the judge
- V Recourse against judgments
- 14 Civil appeals in England and Wales
- 15 Appeal, cassation, amparo and all that: what and why?
- 16 Managing overload in appellate courts: ‘Western’ countries
- VI Procedural reform
- Index
- CAMBRIDGE STUIDES IN INTERNATIONAL AND COMPARATIVE LAW
14 - Civil appeals in England and Wales
from V - Recourse against judgments
Published online by Cambridge University Press: 18 December 2009
- Frontmatter
- Contents
- Preface
- List of abbreviations
- Introduction
- I The litigation process
- II Protection of diffuse, fragmented and collective interests
- III Procedural modes
- IV The parties and the judge
- V Recourse against judgments
- 14 Civil appeals in England and Wales
- 15 Appeal, cassation, amparo and all that: what and why?
- 16 Managing overload in appellate courts: ‘Western’ countries
- VI Procedural reform
- Index
- CAMBRIDGE STUIDES IN INTERNATIONAL AND COMPARATIVE LAW
Summary
Rights of appeal
Final decisions
In certain restricted circumstances and only with leave, an appeal may be taken directly from the High Court to the House of Lords, ‘leapfrogging’ over the Court of Appeal. Subject to this, until 1999, appeal to the Court of Appeal lay as of right from final decisions of the High Court, and, provided that the ‘value of the appeal’ was sufficient, also from final decisions of the county court. Now, however, leave (‘permission’) is required in all cases, with the exception of three special classes of case all affecting the liberty of the subject. Further appeal is possible from the Court of Appeal to the House of Lords, but leave is always required.
Interlocutory decisions
In the High Court, interlocutory decisions are made in the first instance by a ‘Master’, or, in the provinces, by a district judge, not by a High Court judge. From him appeal lies as of right to such a judge. Further appeal to the Court of Appeal and the House of Lords is possible, but only with leave. In the county court, interlocutory decisions are usually made by the district judge and there is an appeal to the judge. Any further appeal to the Court of Appeal lies only with leave.
- Type
- Chapter
- Information
- On Civil Procedure , pp. 271 - 298Publisher: Cambridge University PressPrint publication year: 2000