Practice Directions and Standing Orders Applicable to Civil Appeals Contents


6. PETITIONS BROUGHT DIRECT FROM THE HIGH COURT

6.1  In certain cases an appeal lies direct from the High Court in England and Wales or in Northern Ireland to the House of Lords. A certificate of the High Court must first be obtained and the leave of the House of Lords then given before the appeal may proceed[36]. Such appeals are known as "leapfrog" appeals.

Judge's certificate

6.2  An application for a certificate may be made by any of the parties to any civil proceedings in the High Court before a single judge or before a Divisional Court. The application should be made immediately after the trial judge gives judgment in the proceedings or, if no such application is made, within 14 days from the date on which judgment was given.

6.3  The judge may grant a certificate under s 12 of the Administration of Justice Act 1969 if he is satisfied (a) that the relevant conditions are fulfilled; (b) that a sufficient case has been made to justify taking to the House of Lords an application for leave; and (c) that all the parties to the proceedings consent to the grant of a certificate.

6.4  The relevant conditions are that a point of law of general public importance is involved in the judge's decision, and that that point of law either (a) relates wholly or mainly to the construction of an enactment or of a statutory instrument and has been fully argued in the proceedings and fully considered in the judgment of the judge in the proceedings[37], or (b) is one in respect of which the judge is bound by a decision of the Court of Appeal or House of Lords in previous proceedings and was fully considered in the judgments of the Court of Appeal or House of Lords in those previous proceedings[38].

6.5  The judge may not grant a certificate in cases where no appeal would lie (with or without leave) from the judge's decision to the Court of Appeal, apart from the provisions of the Administration of Justice Act 1969. Similarly, a certificate may not be granted where no appeal would lie (with or without leave) from the Court of Appeal on an appeal from the judge's decision. Where no appeal would lie from the judge's decision to the Court of Appeal except with the leave of the judge or the Court of Appeal, no certificate may be granted unless it appears to the judge that it would be a proper case for granting such leave.

6.6  No certificate may be given where the judge's decision concerns punishment for contempt of court.

6.7  No appeal lies against the grant or refusal of a certificate, but if a certificate is refused the applicant may appeal to the Court of Appeal from the High Court's decision in the normal way, once the time for applying for a certificate has expired.

Petition for leave to appeal direct from High Court

6.8  At any time within one month from the date on which the judge grants the certificate, or such extended time as the House of Lords may allow[39], any of the parties may apply to the House of Lords for leave to appeal[40]. Application is made by petition. If any party to the action in the High Court is not a party to the petition, the petition must be endorsed with a certificate of service on that party.

6.9  One copy of the judge's certificate must be lodged with the petition. The petition should indicate whether the judge's certificate was granted under s 12(3)(a) or s 12(3)(b) of the Administration of Justice Act 1969.

6.10  The following additional papers for use by the Appeal Committee must be lodged within seven days of the lodgment of the petition:

(a)  four additional copies of the petition;

(b)  four copies of order of High Court;

(c)  four additional copies of the High Court's certificate, if not contained in the order; and

(d)  four copies of the transcript of the judgment of the High Court[41].

No other papers are required, and documents other than those listed above are not normally received.

6.11  Petitions for leave are determined by an Appeal Committee without a hearing.

6.12  In petitions where the certificate has been granted by the judge under s 12(3)(a) of the 1969 Act, the House only grants leave to appeal where:

(a)  there is an urgent need to obtain an authoritative interpretation by the House of Lords;

(b)  the case is one in which leave to appeal to the House of Lords would have been granted if it had not been brought direct to the House and the judgment had been that of the Court of Appeal; and

(c)  it does not appear likely that any additional assistance could be derived from a judgment of the Court of Appeal.

Similarly, where the certificate has been granted under s 12(3)(b) of the 1969 Act, the House only grants leave where:

(i)  the case is not distinguishable from the case that was the subject of the previous decision;

(ii)  the previous case was fully considered in a previous judgment after argument that appears to have been adequate; and

(iii)  the case is one in which leave to appeal to the House of Lords would have been granted if it had not been brought direct to the House and the judgment had been that of the Court of Appeal.

6.13  The Judicial Office notifies the parties of the Appeal Committee's decision.

Extensions of time

6.14  If an applicant cannot lodge the petition within one month from the date on which the judge's certificate was granted, the applicant must within the one month period lodge in the Judicial Office:

(i)  a request for an extension of time, giving reasons why an extension is needed; and

(ii)  three copies of the transcript of the High Court's judgment.

The request is referred to an Appeal Committee and determined without a hearing. The Judicial Office notifies the applicant of the Appeal Committee's decision.

Proceedings after leave to appeal is granted or refused

6.15  If the House grants leave to appeal direct from the High Court, no appeal from the decision of the judge lies to the Court of Appeal but only to the House of Lords. The appeal is brought by petition and the usual requirements apply. However, an appeal does lie to the Court of Appeal from the judge's decision (i) after the expiry of the one month period within which an application may be made for leave to the House of Lords and (ii) where leave to appeal direct to the House has been refused by the House of Lords.

Habeas corpus

6.16  Proceedings for a writ of habeas corpus are subject to the procedures governing criminal appeals to the House of Lords. These are set out in the Red Book of criminal practice directions[42]. In proceedings for a writ of habeas corpus, an appeal lies from the Queen's Bench Divisional Court to the House of Lords at the instance of the defendant or prosecutor with the leave either of the Divisional Court or the House of Lords. No certificate stating a point of law of general public importance is required[43].

6.17  Such a petition is considered by an Appeal Committee without an oral hearing. Parties are notified of the Committee's decision.



36   Administration of Justice Act 1969 ss 12-15. Back

37   Administration of Justice Act 1969 s 12(3)(a). Back

38   Administration of Justice Act 1969 s 12(3)(b). Back

39   For applications to extend time see direction 6.14. Back

40   Administration of Justice Act 1969 s 13(1). Back

41   If the judgment has been published in a report which is ordinarily received in court, copies of the report may be lodged in lieu of transcripts. Transcripts of judgments marked as in draft are not acceptable without certification by the relevant court that the copy is the final version of the judgment. Back

42   See n 1 on p 7 above. Back

43   Administration of Justice Act 1969 ss 1, 15(3); Judicature (Northern Ireland) Act 1978, s 45(3). Back


 
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