In dealing with civil cases, the Court
of Appeal normally consists of Lords Justices of Appeal,
who are presided over by the Master of the Rolls, who performs
a curious role in that, in addition to being the senior judge
of the Court of Appeal, he also has supervisory powers over
solicitors.
Lords Justices of Appeal must be barristers
of at least fifteen years’ standing, or have been High
Court judges for at least on year, and are appointed by
the Crown on the recommendation of the Prime Minister.
A normal court consists of three judges, but under certain
circumstances there may be a court of only two. Where a point
of law of great importance or difficulty is involved, there
may be a ‘full’ court of five judges.
In theory there is no difference between a court of three
and a court of five – judgment is unanimous or by a
majority – but where a precedent is established by a
full court it commands greater respect and is less likely
to be overruled.
There are 18 Lords Justices of Appeal, and as High
Court judges also sit in the Court of Appeal, there may
be nine or ten courts of appeal sitting at any one time.
The Lords Justices of Appeal also form the nucleus of the
Court of Appeal when it is dealing with criminal cases, but
in this capacity they are presided over by the Lord Chief
Justice of England, and are supplemented by High Court judges
of the Queen’s
Bench Division as business requires. The Lord Chief Justice
must be a barrister
of at least fifteen year’ standing, and he is appointed
by the Crown on the recommendation of the Prime Minister.
A Lord Justice of Appeal may sit in the High
Court, exercising the powers of the Court of Appeal judge
but only on rare occasions does this happen, as the Lords
Justices of Appeal are more than fully occupied with the work
of the Court of Appeal.
The Supreme Court Act 1981 provides that one of the ordinary
judges of the Court of Appeal may be appointed as Vice-President
of the Court of Appeal as a whole, or one may be appointed
as Vice-President of the Civil Division and another as Vice-President
of the Criminal Division to preside in the absence of the
Master
of the Rolls or the Lord Chief Justice.
Lords Justices of Appeal are not, despite their title, members
of the House of Lords. They are in fact knights, so that in
private life they are known as, for example, Sir Thomas Robins.
Such a person in his official capacity would be known as Lord
Justice Robins, and in legal literature this is abbreviated
to Robins L.J. (plural L.JJ.)
See Also:
Lords of Appeal in Ordinary
House of Lords
House
of Lords: Final Appeal
Function
and Status of Judges
Judicial
Independence and Immunity
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