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Court of Appeal (England and Wales)

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The Court of Appeal
(EWCA)
Royal courts of justice.jpg
Established1 November 1875[1]
LocationRoyal Courts of Justice, Strand, City of Westminster, London, UK
Authorized by
Appeals to
Websitehttps://www.judiciary.gov.uk/you-and-the-judiciary/going-to-court/court-of-appeal-home/
Lord Chief Justice of England and Wales
CurrentlyThe Lord Burnett of Maldon
Since2 October 2017
Master of the Rolls
CurrentlySir Geoffrey Vos
Since11 January 2021

The Court of Appeal (formally "His Majesty's Court of Appeal in England",[2] commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom.[3] The Court of Appeal was created in 1875,[4] and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal.[4]

The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court.

The Court of Appeal deals only with appeals from other courts or tribunals. The Court of Appeal consists of two divisions: the Civil Division hears appeals from the High Court and the County Court and certain superior tribunals, while the Criminal Division may only hear appeals from the Crown Court connected with a trial on indictment (i.e., for a serious offence). Its decisions are binding on all courts, including itself, apart from the Supreme Court.

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England and Wales

England and Wales

England and Wales is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law.

Supreme Court of the United Kingdom

Supreme Court of the United Kingdom

The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.

Lord Chief Justice of England and Wales

Lord Chief Justice of England and Wales

The Lord Chief Justice of England and Wales is the Head of the Judiciary of England and Wales and the President of the Courts of England and Wales.

Master of the Rolls

Master of the Rolls

The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that.

Appeals from the Crown Court

Appeals from the Crown Court

This article concerns appeals against decisions of the Crown Court of England and Wales. The majority of appeals against Crown Court decisions are heard by the Criminal Division of the Court of Appeal.

County Court (England and Wales)

County Court (England and Wales)

The County Court is a national civil court for England and Wales with unlimited financial jurisdiction.

High Court of Justice

High Court of Justice

The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.

History

Formation and early history

The appeal system before 1875 was "chaotic". The superior courts system consisted of 12 different courts, with appeal on common law matters to the Court of Exchequer Chamber, chancery matters to the Court of Appeal in Chancery and other matters to the Privy Council. The Judicature Commission, which was founded in 1867 to investigate the formation of a "Supreme Court" (a High Court and Court of Appeal), conducted a review of this. The result was published in 1869. The recommendation was that there should be a common system of appeal from all of the High Court divisions, with a limited set of appeals allowed to the House of Lords.[5] This reform was implemented by the Judicature Acts, with the Appellate Jurisdiction Act 1876 giving an almost limitless right of appeal to the Lords.[6]

The new legal structure provided a single Court of Appeal, which heard appeals from all the various divisions of the new unified High Court of Justice. It only heard civil cases: opportunities for appealing in criminal cases remained limited until the 20th century.[7] In its early days, the Court of Appeal divided its sittings between Westminster Hall for appeals from the Common Law divisions, and Lincoln's Inn for Chancery, Probate, Divorce and Admiralty appeals, with five Lords Justices. After the opening of the Royal Courts of Justice in 1882 the Court of Appeal transferred there, where it remains. As well as the Lords Justices, the Lord Chancellor, any previous Lords Chancellor, the Lord Chief Justice, the Lords of Appeal in Ordinary, the Vice-Chancellor of the Chancery Division and the Master of the Rolls could also hear cases, although in practice only the Master of the Rolls did so.[8]

Changes in appellate jurisdiction and procedure

The absence of limits on appeals to the House of Lords was the cause of much concern: it led to an additional set of expensive and time-consuming appeals from the Court of Appeal, which thus could not take decisions in the knowledge that they were final. The appeals from the county courts were seen similarly, involving an appeal to the High Court of Justice and the bypassing of the Court of Appeal for a second set of appeals to the Lords. The Administration of Justice (Appeals) Act 1934, a short statute, solved both problems neatly by abolishing the appeal of county court decisions to the High Court and instead sending them automatically to the Court of Appeal, and by establishing that appeals to the Lords could only take place with the consent of the Court of Appeal or of the Lords themselves.[9]

A second set of reforms to the appeals system followed the report of the Evershed Committee on High Court Procedure in 1953, which recognised the high cost to the litigants of an additional set of appeals, particularly since the loser in a civil case paid the victor's legal bills. Among the few changes that were made, the practice ceased of counsel reading out the judgment, cross-examinations, documents and evidence given in the lower court; this saved time and costs. The process of "leapfrogging" (appealing from the High Court to the House of Lords without needing to go through the Court of Appeal), which the committee had recommended, was eventually brought into force with the Administration of Justice Act 1969.[10]

A separate Court of Criminal Appeal had been established in 1908. In 1966 this was merged with its older namesake, establishing the present-day structure of a single Court of Appeal with two Divisions: Civil and Criminal.[7]

In the early 1960s there was discussion between judges and academics in the United Kingdom and the United States comparing the processes of appeal used in each nation. Although the British judges found the emphasis on written arguments unattractive, they did like the idea of pre-reading: that the court should read the pleadings of counsel, the case being appealed and the judgment from the lower court before delivering its judgment. But the idea was quietly scrapped, despite a successful tryout in the Court of Appeal. The court over which Lord Denning presided from 1962 to 1982 was under no pressure and had no inclination to modernise, with liaisons and management handled by clerks with little knowledge. This changed in 1981 with the appointment of a Registrar, John Adams, an academic and lawyer, who significantly reformed the internal workings of the Court.[11]

The Woolf and Bowman reforms

In July 1996, Lord Woolf published Access to Justice, a report on the accessibility of the courts to the public. Woolf identified civil litigation as being characterised by excessive cost, delay and complexity, and succeeded in replacing the diverse rules with a single set of Civil Procedure Rules.[12] Before Woolf had even published his final report, Sir Jeffery Bowman, the recently retired senior partner of PriceWaterhouse, was commissioned to write a report on the Civil Division of the Court of Appeal. Bowman noted a growing workload and delays, with 14 months between setting down and disposing of a case in 70% of cases, the rest taking even longer than that – some had taken five years.[13] He recommended extending the requirement to ask leave to appeal to almost all appeal cases; allowing certain appeals to be heard at a lower level; focusing of procedure; imposition of time limits on oral arguments; and the use of judicial time more towards reading and less towards sitting in court.[14]

Bowman's recommendations were mainly enacted through statutory provisions, such as Part IV of the Access to Justice Act 1999. In Tanfern Ltd v Cameron-MacDonald [2000] 1 WLR 1311, Brooke LJ laid down the procedural methods of the Court of Appeal post-Woolf and Bowman. With a few exceptions, such as cases where "the liberty of the subject" is an issue, permission is required to appeal, and may be granted either by the lower court or by the Court of Appeal.[15] As a general rule, appeals are now limited to a review of the decision of the lower court, only allowing a full appeal where there was a serious procedural irregularity or the decision was wrong through "blatant error".[16]

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Court of Exchequer Chamber

Court of Exchequer Chamber

The Court of Exchequer Chamber was an English appellate court for common law civil actions before the reforms of the Judicature Acts of 1873–1875. It originated in the fourteenth century, established in its final form by a statute of 1585.

Court of Appeal in Chancery

Court of Appeal in Chancery

The Court of Appeal in Chancery was created in 1851 to hear appeals of decisions and decrees made in the Chancery Court. The appeals in the court were heard by the Lord Chancellor alone, or as a tripartite panel. Cases here could be further appealed to the House of Lords.

Judicial functions of the House of Lords

Judicial functions of the House of Lords

Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.

Judicature Acts

Judicature Acts

In the history of the courts of England and Wales, the Judicature Acts were a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875, with a further series of amending acts.

Appellate Jurisdiction Act 1876

Appellate Jurisdiction Act 1876

The Appellate Jurisdiction Act 1876 was an Act of the Parliament of the United Kingdom that altered the judicial functions of the House of Lords by allowing senior judges to sit in the House of Lords as life peers with the rank of baron, known as Lords of Appeal in Ordinary. The first person to be made a law lord under its terms was Sir Colin Blackburn on 16 October 1876, who became Baron Blackburn.

High Court of Justice

High Court of Justice

The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.

Lincoln's Inn

Lincoln's Inn

The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. Lincoln's Inn, along with the three other Inns of Court, is recognised as being one of the world's most prestigious professional bodies of judges and lawyers.

Lord Chancellor

Lord Chancellor

The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The lord chancellor is appointed by the sovereign on the advice of the prime minister. Prior to their Union into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England and the Kingdom of Scotland; there were lord chancellors of Ireland until 1922.

Lord Chief Justice of England and Wales

Lord Chief Justice of England and Wales

The Lord Chief Justice of England and Wales is the Head of the Judiciary of England and Wales and the President of the Courts of England and Wales.

County Court (England and Wales)

County Court (England and Wales)

The County Court is a national civil court for England and Wales with unlimited financial jurisdiction.

Court of Criminal Appeal (England and Wales)

Court of Criminal Appeal (England and Wales)

The Court of Criminal Appeal was an English appellate court for criminal cases established by the Criminal Appeal Act 1907. It superseded the Court for Crown Cases Reserved to which referral had been solely discretionary and which could only consider points of law. Throughout the nineteenth century, there had been opposition from lawyers, judges and the Home Office against such an appeal court with collateral right of appeal. However, disquiet over the convictions of Adolf Beck and George Edalji led to the concession of a new court that could hear matters of law, fact or mixed law and fact.

Harry Woolf, Baron Woolf

Harry Woolf, Baron Woolf

Harry Kenneth Woolf, Baron Woolf, is a British life peer and retired barrister and judge. He was Master of the Rolls from 1996 until 2000 and Lord Chief Justice of England and Wales from 2000 until 2005. The Constitutional Reform Act 2005 made him the first Lord Chief Justice to be President of the Courts of England and Wales. He was a Non-Permanent Judge of the Court of Final Appeal of Hong Kong from 2003 to 2012. He sits in the House of Lords as a crossbencher.

Divisions

Civil Division

The Civil Division deals with all non-criminal cases, and has been part of the court since its establishment in 1875. The Civil Division is bound by the Supreme Court of the United Kingdom when making decisions, and is normally bound by its own previous decisions, with four exceptions:

  • where the previous decision was made without the judges knowing of a particular law:
  • where there are two previous conflicting decisions;
  • where there is a later conflicting Supreme Court or House of Lords decision, and
  • where a law was assumed to exist in a previous case but did not.

The first three were established by the case of Young v Bristol Aeroplane Co Ltd in 1946, the fourth by R (on the application of Kadhim) v Brent London Borough Housing Benefit Review Board in 2001.[17] The Civil Division is led by the Master of the Rolls, currently Sir Geoffrey Vos (who is entitled to the post-nominal MR), assisted by the Vice-President of the Civil Division, Sir Nicholas Underhill. The division hears cases from the High Court of Justice, the County Court and several tribunals.[18]

Although the Lord Chief Justice is senior to the Master of the Rolls, the Civil Division is much broader in scope than the Criminal Division. With only three judges on the bench (rather than five or more in the Supreme Court), this allows the Master of the Rolls huge opportunity for shaping the common law and, most notably, Lord Denning made the most of this potential.

Criminal Division

The Criminal Division was established in 1966 with the merger of the Court of Criminal Appeal into the Court of Appeal. It hears all appeals from the Crown Court which are in connection with a trial on indictment (i.e. with a jury) and where the Crown Court has sentenced a defendant committed from the Magistrates' Court. It also exercises the jurisdiction to order the issue of writs of venire de novo.[19] The Criminal Division, while bound by the Supreme Court, is more flexible with binding itself, due to the heightened stakes in a case where a possible penalty is a prison sentence.[20] The Division is led by the Lord Chief Justice, currently Lord Burnett of Maldon, assisted by the Vice-President of the Criminal Division, currently Lord Justice Fulford.[21]

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Supreme Court of the United Kingdom

Supreme Court of the United Kingdom

The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.

Judicial functions of the House of Lords

Judicial functions of the House of Lords

Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.

Master of the Rolls

Master of the Rolls

The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that.

Vice-President of the Civil Division

Vice-President of the Civil Division

The Vice-President of the Civil Division is a Court of Appeal Judge who assists the Master of the Rolls in leading the Civil Division of the Court of Appeal of England and Wales. The power to appoint a vice-president was created by the Senior Courts Act 1981, but was not exercised until Lord Phillips of Worth Matravers was appointed Master of the Rolls in 2000. Because Lord Phillips was in the process of completing the inquiry into the bovine spongiform encephalopathy (BSE) outbreak, he appointed Sir Martin Nourse the first vice-president so he could serve as Acting Master of the Rolls.

Nicholas Underhill

Nicholas Underhill

Sir Nicholas Edward Underhill, styled The Rt Hon. Lord Justice Underhill, is a British judge of the Court of Appeal of England and Wales.

High Court of Justice

High Court of Justice

The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.

County Court (England and Wales)

County Court (England and Wales)

The County Court is a national civil court for England and Wales with unlimited financial jurisdiction.

Court of Criminal Appeal (England and Wales)

Court of Criminal Appeal (England and Wales)

The Court of Criminal Appeal was an English appellate court for criminal cases established by the Criminal Appeal Act 1907. It superseded the Court for Crown Cases Reserved to which referral had been solely discretionary and which could only consider points of law. Throughout the nineteenth century, there had been opposition from lawyers, judges and the Home Office against such an appeal court with collateral right of appeal. However, disquiet over the convictions of Adolf Beck and George Edalji led to the concession of a new court that could hear matters of law, fact or mixed law and fact.

Crown Court

Crown Court

The Crown Court is the court of first instance of England and Wales responsible for hearing all indictable offences, some either way offences and appeals lied to it by the magistrates' courts. It is one of three Senior Courts of England and Wales.

Lord Chief Justice of England and Wales

Lord Chief Justice of England and Wales

The Lord Chief Justice of England and Wales is the Head of the Judiciary of England and Wales and the President of the Courts of England and Wales.

Ian Burnett, Baron Burnett of Maldon

Ian Burnett, Baron Burnett of Maldon

Ian Duncan Burnett, Baron Burnett of Maldon, is a British judge and the current Lord Chief Justice of England and Wales.

Adrian Fulford

Adrian Fulford

Sir Adrian Bruce Fulford is a retired Lord Justice of Appeal. From 2017 to 2019, he was the first Investigatory Powers Commissioner, and was the Vice-President of the Court of Appeal in 2019, succeeding Lady Justice Hallett.

Procedure for appeal

Sections 54 to 59 of the Access to Justice Act 1999 and Part 52 of the Civil Procedure Rules 1998 came into force on 2 May 2000, and created one universal appeals system; not all of these are to the Court of Appeal, with the principle used that an appeal should go to the next highest court in the hierarchy.[22] Appeals are allowed if the decision in the court below was incorrect, or suffered from a serious procedural error or irregularity.[23]

Almost all appeals require permission, a major innovation from the previous system, where appeals were, on the request of counsel, almost all automatically put through. The application for permission should be made to the lower court, although this is not mandatory; it may be asked of the appellate court itself. In Re T (A Child) [2002] EWCA Civ 1736, the Civil Division strongly advised that counsel apply at the lower courts, since the judge, fully aware of the facts, will take less time to process, there is no harm if the application fails or if it is approved but counsel decides not to proceed with the case and there are no additional costs involved. The only problem here is that judgments may occasionally be reserved, and only given later by post – there may not be an opportunity to ask for permission to appeal at the lower court.[24]

The Court of Appeal, when considering an application for appeal, may decide based on the paper documents or refer the case to an oral hearing, something often done when it is apparent that a refusal of the written case will lead the applicant to send a second, oral application. If a written application is refused, the applicant may ask for an oral hearing to discuss the refusal. Under the Civil Procedure Rules 1998, the appeal must have "a real prospect of success", or there must be "some other compelling reason why the appeal should be heard" for it to be accepted.[25]

Under certain, limited, circumstances, second appeals are allowed. This is when an appeal goes to the High Court or the County Court and a party to the case wishes to appeal it further, to the Court of Appeal. Section 55(1) of the Access to Justice Act 1999 says that, when an appeal is made to the County Court or the High Court and that court makes a decision, no further appeal is allowed to the Court of Appeal unless the Court considers that the case raises "an important point of principle or practice" or "there is some other compelling reason for the Court of Appeal to hear it".[26] In Tanfern Ltd v Cameron-MacDonald [2000] 1 WLR 1311 the Court commented on this limitation of second appeals, pointing out that the Lords Justices of Appeal were a valuable and scarce resource – it was necessary to impose limitations on appeals to prevent the Court and its judges becoming overburdened.[27]

There are two sorts of hearings that the Court of Appeal can hold; reviews, and full rehearings. Section 52.11(1) of the Civil Procedure Rules 1998 establishes that appeals should always be reviews, unless there are individual circumstances that, "in the interest of justice", make a rehearing necessary.[28] In its case law, the Court has emphasised that it is up to the individual panel of judges to decide whether to hold a review or rehearing, with the circumstances of the case playing a large part.[23] In 2004 the Court heard 1,059 appeals, of which 295 were allowed and 413 directly dismissed.[29]

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Judges

The Court of Appeal's main judges are the Lord Justices of Appeal and Lady Justices of Appeal. The Senior Courts Act 1981 provides that the Court of Appeal comprises 39 ordinary sitting Lords and Lady Justices and the Lord Chief Justice, Master of the Rolls, President of the Queen's Bench Division, President of the Family Division, and Chancellor of the High Court.[30] Retired Lords and Lady Justices sometimes sit in cases, as have retired Law Lords, and High Court judges are allowed to sit on occasion and there are a number of Senior Circuit Judges authorised to sit as judges of the Criminal Division.

Lords and Lady Justices have, since 1946, been drawn exclusively from the High Court of Justice; prior to this, Lords Justices were sometimes recruited directly from the Bar.[31] Dame Elizabeth Butler-Sloss was the first woman appointed as a Lord Justice of Appeal in 1988; she was known officially as "Lord Justice" until a practice direction was issued in 1994 to refer to her informally as "Lady Justice", and the official title in section 3 of the Senior Courts Act 1981 was amended by the Courts Act 2003. Dame Kathryn Thirlwall was the twelfth Lady Justice, appointed in 2017, bringing the number of active Lady Justices to 9 out of 39.

The division of work in the Court of Appeal is demonstrated by the 2005 statistics, in which Lords and Lady Justices sat 66% of the time, High Court Judges 26% of the time and Circuit and Deputy High Court Judges 8 per cent of the time.[32] Lord and Lady Justices are currently paid £188,900, with the Master of the Rolls paid £205,700 and the Lord Chief Justice £230,400.[33]

The Civil Division is led by the Master of the Rolls, currently Sir Geoffrey Vos; the Chancellor of the High Court and President of the Family Division regularly, for a period of weeks, lead the Civil Division. Several Civil Division Lords Justices are seconded to the Criminal Division, which is currently led by the Lord Chief Justice, the Lord Burnett of Maldon.[34]

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List of judges of the Court of Appeal of England and Wales

List of judges of the Court of Appeal of England and Wales

The ordinary judges of the Court of Appeal of England and Wales are the Lord Justices of Appeal and Lady Justices of Appeal. These judges serve with the ex officio members of the court:Lord Chief Justice Master of the Rolls President of the King's Bench Division President of the Family Division Chancellor of the High Court Supreme Court judges appointed from the Court of Appeal or who were eligible to serve on it when appointed to the Supreme Court

Lord Chief Justice of England and Wales

Lord Chief Justice of England and Wales

The Lord Chief Justice of England and Wales is the Head of the Judiciary of England and Wales and the President of the Courts of England and Wales.

Master of the Rolls

Master of the Rolls

The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that.

President of the Family Division

President of the Family Division

The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales and Head of Family Justice. The Family Division was created in 1971 when Admiralty and contentious probate cases were removed from its predecessor, the Probate, Divorce and Admiralty Division.

Chancellor of the High Court

Chancellor of the High Court

The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. This judge and the other two heads of divisions sit by virtue of their offices often, as and when their expertise is deemed relevant, in panel in the Court of Appeal. As such this judge ranks equally to the President of the Family Division and the President of the Queen's Bench Division.

Judicial functions of the House of Lords

Judicial functions of the House of Lords

Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.

High Court of Justice

High Court of Justice

The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.

Bar (law)

Bar (law)

In law, the bar is the legal profession as an institution. The term is a metonym for the line that separates the parts of a courtroom reserved for spectators and those reserved for participants in a trial such as lawyers.

Practice direction

Practice direction

In English law, a practice direction is a supplemental protocol to rules of civil and criminal procedure in the courts – "a device to regulate minor procedural matters" – and is "an official announcement by the court laying down rules as to how it should function." The Civil Procedure Rules 1998 contains a large number of practice directions which give practical advice on how to interpret the rules themselves. Also, individual courts and judges may make their own practice directions, especially in specialist types of proceedings such as in the patent court.

Courts Act 2003

Courts Act 2003

The Courts Act 2003 (c.39) is an Act of the Parliament of the United Kingdom implementing many of the recommendations in Sir Robin Auld's Review of the Criminal Courts in England and Wales. The White Paper which preceded the Act was published by the Home Office on the 17 July 2002 and called "Justice for All".

Kathryn Thirlwall

Kathryn Thirlwall

Dame Kathryn Mary Thirlwall, DBE, styled The Rt Hon Lady Justice Thirlwall, is an English judge of the Court of Appeal, and since December 2019 is the Senior Presiding Judge for England and Wales. She practised as a barrister from 1982, was a High Court judge from April 2010, and was promoted to the Court of Appeal of England and Wales in February 2017.

Geoffrey Vos

Geoffrey Vos

Sir Geoffrey Charles Vos is a judge in England and Wales. Since January 2021, he has held the position of Master of the Rolls, and the head of civil justice in the court system of England and Wales.

Broadcasting

On 31 October 2013 the Court of Appeal allowed cameras in the court for a (70-second broadcast delay) "live" broadcast feed for the first time.[35] Cameras were banned in all courts in 1925 (although they were allowed in the Supreme Court of the United Kingdom from its 2009 inception). Cameras have now been allowed in some courts due to changes made by the Crime and Courts Act 2013. In 2013, only one court could be broadcast per day.[36]

Source: "Court of Appeal (England and Wales)", Wikipedia, Wikimedia Foundation, (2023, February 10th), https://en.wikipedia.org/wiki/Court_of_Appeal_(England_and_Wales).

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References
  1. ^ Wilson, Arthur (1875). The Supreme Court of Judicature Acts, 1873 and 1875. London: Stevens and Sons. Retrieved 16 May 2019 – via archive.org.
  2. ^ Interpretation Act 1978, Schedule 1
  3. ^ Courts and Tribunals Judiciary website
  4. ^ a b The history of the Court of Appeal, Judiciary website
  5. ^ Drewry (2007) p. 31
  6. ^ Drewry (2007) p. 32
  7. ^ a b "www.judiciary.gov.uk".
  8. ^ Drewry (2007) p. 34
  9. ^ Drewry (2007) p. 35
  10. ^ Drewry (2007) p. 36
  11. ^ Drewry (2007) p. 38
  12. ^ Drewry (2007) p. 46
  13. ^ Drewry (2007) p. 56
  14. ^ Drewry (2007) p. 57
  15. ^ Drewry (2007) p. 58
  16. ^ Drewry (2007) p. 60
  17. ^ Elliott (2008) p. 15
  18. ^ "Going to Court: Court of Appeal". Judiciary of England and Wales. Retrieved 28 October 2012.
  19. ^ Senior Courts Act 1981, section 53(2)(d).
  20. ^ Elliott (2008) p. 16
  21. ^ "Lords Justices of Appeal". Archived from the original on 18 June 2012.
  22. ^ Drewry (2007) p. 68
  23. ^ a b Drewry (2007) p. 81
  24. ^ Drewry (2007) p. 69
  25. ^ Drewry (2007) p. 70
  26. ^ Drewry (2007) p. 71
  27. ^ Drewry (2007) p. 73
  28. ^ Drewry (2007) p. 78
  29. ^ Drewry (2007) p. 84
  30. ^ Senior Courts Act 1981, section 2(1).
  31. ^ Drewry (2007) p. 111
  32. ^ Elliott (2008) p. 129
  33. ^ Elliott (2008) p. 139
  34. ^ Drewry (2007) p. 110
  35. ^ channel4.com – "Cameras in court for the first time". Accessed 1 November 2013
  36. ^ Ministry for Justice. "Landmark Day for Justice: Television Broadcasting in court goes live" infosheet. Accessed online 1 November 2013
Bibliography
  • Drewry, Gavin; Louis Bloom-Cooper; Charles Blake (2007). The Court of Appeal. Suzanne Fullbrook. Oxford and Portland, Oregon: Hart Publishing. ISBN 978-1-84113-387-4.
  • Elliott, Catherine; Frances Quinn (2008). English Legal System (9th ed.). Pearson Longman. ISBN 978-1-4058-5941-7.
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