How can I appeal to the Supreme Court
Appeals from the Court of Appeal
If you lose a case in the Court of Appeal, you may apply to the Supreme Court for leave to appeal. You will find more information on leave to appeal below.
Direct appeals from the High Court
In exceptional circumstances your case may go straight from the High Court to the Supreme Court. Direct appeals are also known as 'leapfrog appeals.'
Leave to Appeal
You must ask the Court for permission or leave to appeal a case to the Supreme Court. Articles 34.4.3 and 34.4.4 of the Constitution establish the procedure for appeals to the Supreme Court. Practice Direction SC 19 sets out in detail the application for leave process.
You must set out exactly and clearly on your application why you should be given leave to bring an appeal on the basis of (a) general public importance and (b) the interests of justice.
If you want to apply for leave to appeal from a decision of the High Court, you must also set out exactly and clearly the exceptional circumstances that make an appeal directly from the High Court necessary.
This high standard keeps the Supreme Court focused on important legal principles, not routine disputes. Your case must meet a high threshold for leave to appeal to be granted.
Appeals Threshold
1. General Public Importance
A case may be considered of general public importance if:
- It affects how the law will be applied in future cases
- It will provide clarity on an area of law
- 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
A case may need to be heard in the interests of justice if:
- An unfair outcome may result
- A serious error may go uncorrected
- Justice cannot be ensured without a hearing
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How to apply to appeal to the Supreme Court
