Appeals to the Court of Appeal—general and preliminary considerations—pre October 2012 [Archived]
Appeals to the Court of Appeal—general and preliminary considerations—pre October 2012 [Archived]

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Appeals to the Court of Appeal—general and preliminary considerations—pre October 2012 [Archived]
  • Is the Court of Appeal bound by its own previous decisions?
  • Permission for a 'second appeal'
  • Fees
  • Transferring appeals to the Court of Appeal
  • Leapfrogging the Court of Appeal
  • Specialist appeals
  • Judicial review appeals
  • Costs

ARCHIVED: This Practice Note has been archived and is not maintained.

NOTE: SAVE FOR WHERE THE APPEAL NOTICE WAS FILED OR PERMISSION TO APPEAL WAS OBTAINED BEFORE 1 OCTOBER 2012, THIS PRACTICE NOTE IS FOR HISTORIC PURPOSES ONLY. For guidance on the current provisions, see: Civil appeals to the Court of Appeal—overview, Starting an appeal in the Court of Appeal, Conducting an appeal in the Court of Appeal and Appeals to the Court of Appeal—bundles.

Further, the CPR rules and practice directions referred to in this guidance will link through to the existing provisions and not those effective before 1 October 2012. For the pre-October 2012 provisions, please see the attached pdf documents.

CPR 52 (old) PDF Format

CPR PD 52 (old) PDF Format

Is the Court of Appeal bound by its own previous decisions?

The general rule is that the Court of Appeal is bound by its own previous decisions. The three exceptions to this general rule were laid out by the Court of Appeal itself in Young and approved by the Supreme Court. The exceptions are:

  1. the court is entitled and bound to decide which of two conflicting decisions of its own it will follow

  2. the court is bound to refuse to follow a decision of its own which, though not expressly overruled, cannot in its opinion stand with