12 Grant of certificate by trial judge.E+W+N.I.
(1)Where on the application of any of the parties to any proceedings to which this section applies the judge is satisfied—
(a)that the relevant conditions are fulfilled in relation to his decision in those proceedings [F1or that the conditions in subsection (3A) (“the alternative conditions”) are satisfied in relation to those proceedings], and
(b)that a sufficient case for an appeal to the [F2Supreme Court] under this Part of this Act has been made out to justify an application for leave to bring such an appeal, F3...
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the judge, subject to the following provisions of this Part of this Act, may grant a certificate to that effect.
(2)This section applies to any civil proceedings in the High Court which are either—
(a)proceedings before a single judge of the High Court [F4(including a person acting as such a judge under section 3 of the M1Judicature Act 1925)], or
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(c)proceedings before a Divisional Court.
(3)Subject to any Order in Council made under the following provisions of this section, for the purposes of this section the relevant conditions, in relation to a decision of the judge in any proceedings, are that a point of law of general public importance is involved in that decision and that that point of law either—
(a)relates wholly or mainly to the construction of an enactment or of a statutory instrument, and has been fully argued in the proceedings and fully considered in the judgment of the judge in the proceedings, or
(b)is one in respect of which the judge is bound by a decision of the Court of Appeal or of the [F2Supreme Court] in previous proceedings, and was fully considered in the judgments given by the Court of Appeal or the [F2Supreme Court] (as the case may be) in those previous proceedings.
[F6(3A)The alternative conditions, in relation to a decision of the judge in any proceedings, are that a point of law of general public importance is involved in the decision and that—
(a)the proceedings entail a decision relating to a matter of national importance or consideration of such a matter,
(b)the result of the proceedings is so significant (whether considered on its own or together with other proceedings or likely proceedings) that, in the opinion of the judge, a hearing by the Supreme Court is justified, or
(c)the judge is satisfied that the benefits of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal.]
(4)Any application for a certificate under this section shall be made to the judge immediately after he gives judgment in the proceedings:
Provided that the judge may in any particular case entertain any such application made at any later time before the end of the period of fourteen days beginning with the date on which that judgment is given or such other period as may be prescribed by rules of court.
(5)No appeal shall lie against the grant or refusal of a certificate under this section.
(6)Her Majesty may by Order in Council amend subsection (3) of this section by altering, deleting, or substituting one or more new paragraphs for, either or both of paragraphs (a) and (b) of that subsection, or by adding one or more further paragraphs.
(7)Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8)In this Part of this Act “civil proceedings” means any proceedings other than proceedings in a criminal cause or matter, and “the judge”, in relation to any proceedings to which this section applies, means the judge . . . F7 referred to in paragraph (a) . . . F7 of subsection (2) of this section, or the Divisional Court referred to in paragraph (c) of that subsection, as the case may be.
Textual Amendments
F1Words in s. 12(1)(a) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 63(2)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 52 (with Sch. 2 para. 2)
F2Words in s. 12 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 20(3); S.I. 2009/1604, art. 2(d)
F3S. 12(1)(c) and word omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 63(2)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 52 (with Sch. 2 para. 2)
F4Words repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
F5S. 12(2)(b) repealed (E.W) by Courts Act 1971 (c.23), Sch. 11 Pt.IV and (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), s. 122(1)(2), Sch. 6 para. 13, Sch. 7 Pt. I
F6S. 12(3A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 63(3), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 52 (with Sch. 2 para. 2)
F7Words repealed (E.W) by Courts Act 1971 (c.23), Sch. 11 Pt.IV and (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), s. 122(1)(2), Sch. 6 para. 13, Sch. 7 Pt. I
Marginal Citations