Superior Court Appeals

The Court of Appeal is to exercise all jurisdiction previously exercised by Courts of Appeal, jurisdiction capable of being exercised by the Court of Criminal Appeal, and such other jurisdiction as may be conferred by legislation.

Generally, the Court of Appeal has jurisdiction to hear and determine appeals in the High Court or a judge thereof. There are limits to its rights of appeal in relation to certain interlocutory orders made pretrial.

There are no appeals in relation to orders of dissolution and nullity of marriage and civil partnership. There is no appeal from an order made by consent or an order relating to cost. There is a very limited appeal in respect of arbitration matters.

An appeal may not be made from an interlocutory order or judgment made by the High Court, except with the leave of the judge or the Court of Appeal, in certain categories of cases.

Where any decision involves the validity of an Act of Parliament of Northern Ireland or a measure of the Assembly, an appeal lies to the Court of Appeals or the Supreme Court on appeal.

Where a decision involves the question of validity of any provision made by or under an Act of Parliament or Act of the Assembly and the decision is not otherwise subject to appeal to the Court of Appeal, there is an automatic right to the Court of Appeal or the Supreme Court.

Where under statutes, there is an appeal by way of case stated on a point of law only, from a lower court or authority to the High Court, and the decision of the court is expressed to be final, in any existing statute, there is deemed to be an appeal to the Court of Appeal only, instead of the High Court, and the decision of the court is final.

The Court of Appeal normally comprises three judges and decides by a majority. Where it is heard by two judges, in the case of a criminal matter, it is to be reheard and determined by three judges. In other cases, it may be solely heard and determined on the application of either party.

The Court of Appeal may confirm, reverse, or vary the decision of the original court. It may remit the appeal or any matter to the original court with such declarations or directions as it sees fit. It may order a re-trial of a High Court case.

The Court of Appeal may draw any inference of fact that might have been drawn or given on any judgment or make an order that might have been given by the original court. Where the appeal is by way of case stated, it may amend the case stated and remit it, with such declarations and directions as it thinks proper.

It may make such an order as to costs and expenses incurred as it thinks fit. It may order a security be given for costs in an exceptional case as may be just.

Subject to the below conditions, there is an appeal to the Supreme Court, by the defendant or the prosecutor, against a decision of the High Court in a criminal matter or a decision of the Court of Appeal in a criminal matter upon a case stated by a county court or magistrates’ court.

Appeal is not to lie without the leave of the Supreme Court, which shall not be granted unless it is certified by the court below that a point of law of general public importance is involved in the decision and it appears to that Supreme Court, as the case may be, that the point is one that ought to be considered by the Supreme Court.

Subject to restrictions imposed by statute, an appeal shall lie to the Supreme Court from a judgment of a Court of Appeal in any civil matter. Leave of the Court of Appeal or Supreme Court is required.

An appeal from an order or judgment of the Court of Appeal is not allowed unless it involves a decision on the question of validity. No appeal shall lie unless it relates to the question of the validity of a provision made by the Assembly or Act of Parliament, in any case, where it is provided that the judgment of the Court of Appeal is final.

In certain circumstances, there is a direct appeal from the High Court to the Supreme Court. The direct appeal may be available when, on the application of either party to proceedings,

• there is a certificate that there is a point of law of general public importance, and
• the decision of law either relates wholly or mainly to the construction of an enactment or statute which has been argued in the proceedings and fully considered in the judgment or 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 given by the Court of Appeal or House of Lords.

The application must be made at judgment or within 14 days.