PART 3Courts and tribunals
Appeals in civil proceedings
63Appeals from the High Court to the Supreme Court
1
Part 2 of the Administration of Justice Act 1969 (appeal from High Court to Supreme Court) is amended as follows.
2
In section 12 (grant of a certificate by the trial judge enabling an appeal to the Supreme Court), in subsection (1)—
a
in paragraph (a), after “those proceedings” insert “or that the conditions in subsection (3A) (“the alternative conditions”) are satisfied in relation to those proceedings”, and
b
omit paragraph (c) (requirement that all parties consent to the grant of the certificate) and the “and” before it.
3
After subsection (3) insert—
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
In section 16 (application of Part 2 to Northern Ireland), after subsection (1) insert—
1A
In the application of this Part of this Act to Northern Ireland, section 12 has effect as if—
a
in subsection (1)(a) there were omitted “or that the conditions in subsection (3A) (“the alternative conditions”) are satisfied in relation to those proceedings”;
b
after subsection (1)(b) there were inserted
, and
c
that all the parties to the proceedings consent to the grant of a certificate under this section,
c
subsection (3A) were omitted.