This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Discover what the Court of Appeal is in England and Wales. This comprehensive guide covers its role, structure, types of cases it hears, how appeals work, courtroom procedures and how it fits into the wider legal system, helping you understand this key appellate court clearly and accurately.
The Court of Appeal is one of the most senior courts in the justice system of England and Wales, sitting just below the Supreme Court of the United Kingdom. Its core function is to review decisions made by lower courts and tribunals to ensure the law has been applied correctly, that legal principles have been interpreted consistently and that justice has been done. This article explains what the Court of Appeal is, how it fits into the wider court structure, what kinds of cases it hears, how appeals are made, and what people taking cases to this court can expect.
The Role of the Court of Appeal
The Court of Appeal operates as an appellate court. If a person or organisation believes that a trial court or tribunal reached an incorrect decision, they may seek to challenge that decision before the Court of Appeal. Unlike a trial court, it does not normally conduct fresh hearings of evidence; instead, it reviews the legal correctness and fairness of earlier decisions based on the records and arguments presented.
The court is part of the Senior Courts of England and Wales, which also include the High Court and the Crown Court. Only the Supreme Court ranks above it in the hierarchy of appeals.
Structure of the Court of Appeal
The Court of Appeal is divided into two main divisions:
Civil Division
The Civil Division deals with appeals in non‑criminal matters. These include contract disputes, tort claims, family law issues, immigration and asylum decisions, administrative law challenges, and other civil litigation matters. It hears appeals from the High Court, County Courts, Family Court and certain specialist tribunals.
Criminal Division
The Criminal Division hears appeals against convictions and sentences following trials in the Crown Court. It also considers appeals on other criminal procedural matters, including applications referred by the Attorney General where a sentence may be unduly lenient.
Each division is led by senior judges: the Master of the Rolls heads the Civil Division, and the Lord Chief Justice oversees the Criminal Division. Decisions are typically made by a panel of three judges, although single judges may hear preliminary matters such as applications for permission to appeal.
What Matters Can Be Appealed?
The Court of Appeal hears only certain types of appeals:
- Civil appeals against errors of law or serious procedural irregularity in lower courts or tribunals.
- Criminal appeals against conviction or sentence from the Crown Court.
- In some cases, appeals from tribunal decisions, including immigration, tax and administrative tribunals.
Appeals do not automatically lie to the Court of Appeal. Most require permission (leave) to appeal, either from the lower court or directly from the Court of Appeal itself. Permission is granted where the proposed appeal raises an arguable point of law or a significant legal issue.
How the Court of Appeal Works
Reviewing Decisions
The Court of Appeal does not generally rehear all the evidence from a trial. Instead, it focuses on whether the law was correctly applied, whether the procedures were fair and whether the findings of fact were open to the trial judge. In civil cases, this may involve reviewing transcripts, documents, legal submissions and lower court judgments.
In criminal appeals, the court can:
- Quash (overturn) a conviction if it finds the trial was unsafe.
- Vary the sentence if it was unlawful or inappropriate (but normally not increase a sentence except in specific circumstances).
- Order a retrial in certain situations.
Decisions and Binding Effect
The Court of Appeal's decisions are important for the legal system. Its rulings are binding on lower courts and other courts, ensuring legal principles are applied consistently across England and Wales.
Appeals Beyond the Court of Appeal
The Court of Appeal is not the final stop for all appeals. In cases involving points of law of general public importance, parties may seek permission to appeal to the Supreme Court of the United Kingdom, the highest appellate court. The Supreme Court can choose whether to hear such cases.
The Supreme Court's role is limited to significant legal questions that affect broader public or constitutional issues. Appeals to the Supreme Court require either the Court of Appeal's certification or the Supreme Court's own permission.
Practical Steps in Making an Appeal
Appealing to the Court of Appeal is a formal legal process:
- Identify Grounds for Appeal: Appellants must clearly establish why a lower court's decision is believed to be legally flawed or unfair.
- Apply for Permission: Most appeals begin with an application for leave to appeal. This involves drafting legal arguments and supporting documents.
- Prepare Legal Submissions: If permission is granted, detailed legal grounds and submissions must be filed before the hearing.
- Attend Hearing: The court hears legal arguments from both parties. Courts usually sit in the Royal Courts of Justice in London.
- Decision Issued: The court delivers a judgment, either immediately or later in writing, explaining its reasoning and order.
People without legal representation can bring appeals in person, but the process is complex and many appellants choose to work with qualified solicitors or barristers who specialise in appellate work.
Why the Court of Appeal Matters
The Court of Appeal plays a key role in shaping English and Welsh law. Its judgments:
- Provide clarity on how statutes and legal principles are interpreted.
- Correct errors made in lower courts.
- Ensure fairness and consistency across the legal system.
- Influence legal practice and future judicial decisions.
For individuals and organisations involved in litigation, understanding the function and procedures of the Court of Appeal is essential when considering whether a decision should be challenged.
Key Takeaways
The Court of Appeal is the principal appellate court in England and Wales below the Supreme Court. It is divided into the Civil and Criminal Divisions, hearing appeals from lower courts and tribunals on points of law, procedure and fairness. Most appeals require permission, and decisions made by the Court of Appeal guide legal practice and ensure consistency in the justice system. Where significant legal questions arise, cases may be taken further to the Supreme Court.
