Leapfrog appeal
Encyclopedia
In the courts of England and Wales
, a 'leapfrog' appeal is a special and relatively rare form of appeal in which a case which was heard by the High Court
in its capacity as a trial court
, an appellate court
or as a source of judicial review
is appealed directly to the Supreme Court
(skipping the Court of Appeal
).
Typically leapfrog appeals are permitted only when the High Court was bound by a previous decision of the Supreme Court or House of Lords
and therefore the party appealing the decision could not succeed in the Court of Appeal (because lower courts cannot over-turn the decisions of higher courts). The case must also be seen as a 'point of law of general public importance' and both parties must agree to the 'leapfrogging'.
The purpose of a 'leapfrog' appeal is to avoid the excess time and resources used in litigating an appeal in a court in which it could not succeed as a 'stepping stone' to a court where it could.
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, a 'leapfrog' appeal is a special and relatively rare form of appeal in which a case which was heard by the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
in its capacity as a trial court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
, an appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
or as a source of judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
is appealed directly to the Supreme Court
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
(skipping the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
).
Typically leapfrog appeals are permitted only when the High Court was bound by a previous decision of the Supreme Court or House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
and therefore the party appealing the decision could not succeed in the Court of Appeal (because lower courts cannot over-turn the decisions of higher courts). The case must also be seen as a 'point of law of general public importance' and both parties must agree to the 'leapfrogging'.
The purpose of a 'leapfrog' appeal is to avoid the excess time and resources used in litigating an appeal in a court in which it could not succeed as a 'stepping stone' to a court where it could.