How can I appeal to the Supreme Court?
Appeals from the Court of Appeal
If someone loses a case in the Court of Appeal, they may apply to the Supreme Court for leave to appeal.
The case must meet a high threshold for leave to be granted. Most applications are refused.
Direct Appeals from the High Court
In exceptional circumstances a case may go straight from the High Court to the Supreme Court. There are strict requirements for bypassing the Court of Appeal and going directly to the Supreme Court for permission to appeal. Such as:
- Urgent need for legal certainty on a new issue
- It would be unfair or inefficient to make the parties go through another appeal first
These direct appeals are also known as leapfrog appeals and are unusual.
Leave to Appeal
You cannot automatically appeal a case to the Supreme Court. Instead, you must ask the Court for permission to make an appeal. Articles 34.4.3 and 34.4.4 of the Constitution establish the procedure for appeals to the Supreme Court.
Permission to appeal will only be given if:
- The case involves an issue of general public importance, or
- The appeal is needed in the interests of justice
This high standard keeps the Supreme Court focused on important legal principles, not routine disputes.
Appeals Threshold
1) General Public Importance
A case is of general public importance if:
- It affects how the law will be applied in future cases
- It helps clear up confusion about what a law means
- It involves new laws or important decisions made by the State
- The outcome could set a precedent that others will rely on
2) Interests of Justice
The interests of justice allow a judge to step in and make sure the right thing happens.
A case may need to be heard in the interests of justice if:
- Someone would be treated unfairly if it isn’t heard
- A serious mistake might go uncorrected
- Justice wouldn’t be properly done without a hearing
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