What is the Role of the Court of Appeal?

Summary

• If you lose a commercial litigation case in England and Wales, you may be able to appeal the decision to the Court of Appeal’s Civil Division.
• The Court of Appeal reviews the trial record rather than reheard evidence, and can uphold, vary, or overturn the original decision.
• Appeals are typically heard by three judges, and if unsuccessful, a further appeal to the Supreme Court may be possible with permission.
• This article is a plain-English guide to the role of the Court of Appeal in commercial disputes, aimed at business owners operating in England and Wales.
• It has been produced by LegalVision, a commercial law firm that specialises in advising clients on commercial disputes and litigation.

Tips for Businesses

If you lose a commercial case, act quickly; appeal deadlines are strict. Request the trial record early and assess whether a legal error occurred. Apply for a stay of execution if you need to pause the original order. Consider whether the Supreme Court is an option if the Court of Appeal rules against you.

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On this page

• What is the Court of Appeal? 
• What is the Role of the Court of Appeal?
• When Can You Appeal?
• Key Takeaways
• Frequently Asked Questions

As a business owner in the UK, you may unfortunately fall into a commercial dispute while running your operations. If so, it is always best to try to resolve this by negotiating with the other company. However, this does not always work, and a case may go as far as commercial litigation. If so, you may wonder what will happen if the case is not in your business’ favour. Where you are the losing party in litigation, it may be possible to appeal the decision to the Court of Appeal, which deals with both criminal and civil appeals. This article will explain the role of the Court of Appeal in a commercial case.

What is the Court of Appeal? 

The Court of Appeal is one of the more senior courts in England and Wales. There is only one court higher than it, which is the Supreme Court. Established in 1875 in London, the Court of Appeal operates within the Royal Courts of Justice. It comprises both a Civil Division and a Criminal Division. Commercial cases involving a business dispute taken to court fall under the civil division. There are various judges within the Court of Appeal, which include:

• lord justices of appeal;
• lady justices of appeal;
• the lord chief justice who heads the Criminal Division; 
• the master of the rolls who heads the Civil Division;
• part-time ex officio appeal court members; and
• each head of the three parts of the High Court.

What is the Role of the Court of Appeal?

The role of the Court of Appeal is to hear appeals from lower courts. This includes the High Court and Criminal Court, as well as other courts and tribunals beneath them.

Where commercial disputes go through litigation, the party who loses the case may appeal. This means they ask the Court of Appeal to reconsider the decision made on the case. If the losing party appeals the decision of the court, the method for appeal is a ‘rehearing’. Rather than asking witnesses to return to court or look at evidence, the court will perform a reviewer role. In this sense, they will look at the trial record, which includes any notes made by the judge. 

If the Court of Appeal refuses the appeal or upholds the decision made by a lower court, the decision does not change. However, if it disagrees with the original finding made on the commercial dispute, it may vary the initial order or set it aside in the commercial case. 

Role of a Judge

The judges in the Court of Appeal are senior judges in England and Wales. This means that they will have extensive experience in the role. 

The role of a judge in the Court of Appeal is to determine whether to uphold or change a previously made legal decision. Typically, a commercial case at the Court of Appeal is decided by three members, although occasionally, only two justices may be involved. The decisions made by judges in the Court of Appeal are available online if you want to look at or refer to these.

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When Can You Appeal?

You cannot appeal simply because you are unhappy with the outcome. You must have valid legal grounds. The Court of Appeal will only hear your case if:

• the lower court made a legal error in applying the law;
• the judge reached a conclusion that the evidence did not support; or
• the judge exercised their discretion incorrectly.

You also need permission to appeal. You must apply for this, usually within 21 days of the original decision. The court will only grant permission if it believes the appeal has a real prospect of success. Missing this deadline can mean losing your right to appeal entirely, so act quickly once a decision is made against you.

Key Takeaways

If you are party to a commercial dispute that goes to litigation, the High Court, County Court or a tribunal will make a decision about the case. If it is not in your favour, you may be able to appeal the decision to the Court of Appeal for England and Wales. This London-based court plays a crucial role in determining decisions on commercial cases. In the Court of Appeal’s civil division, experienced judges deliberate on these matters. Their responsibility is to uphold the initial decision or opt to vary or overturn it, making a new decision in the commercial dispute.

LegalVision provides ongoing legal support for businesses through our fixed-fee legal membership. Our experienced disputes lawyers help businesses manage contracts, employment law, disputes, intellectual property, and more, with unlimited access to specialist lawyers for a fixed monthly fee. To learn more about LegalVision’s legal membership, call 0808 196 8584 or visit our membership page.

Frequently Asked Questions