Leapfrog appeal
In legal procedure, a leapfrog appeal is a special and relatively rare form of appeal in which a case is appealed directly from a lower court to a higher court, skipping an intermediate appellate court. For example, in England & Wales, an appeal from the High Court to the Supreme Court, thereby skipping the Court of Appeal.
England & Wales
A leapfrog appeal may be brought from the High Court to the Supreme Court, thereby skipping the Court of Appeal.The procedure is governed by Part II of the Administration of Justice Act 1969 as amended. In summary, if the High Court judge considers that the relevant conditions are met, and that the case is suitable for a leapfrog appeal, then they may grant a certificate to that effect. If a certificate is granted, any of the parties to the proceedings may apply to the Supreme Court for leave to make a leapfrog appeal, which if granted enables the leapfrog appeal to take place.
The High Court judge may not grant a certificate unless the "relevant conditions" in section 12, or the "alternative conditions" in section 12 are met. The "relevant conditions in section 12 are that:
The "alternative conditions" in section 12 are that:
Key contemporary examples include the leapfrog appeals in the Miller case, and the Cherry and Miller joint cases, both major judicial review appeals heard by the Supreme Court en banc.
Hong Kong
Under the Hong Kong Court of Final Appeal Ordinance, certain civil appeals from the Court of First Instance may be made directly to the Court of Final Appeal, skipping the Court of Appeal.Ireland
Article 35.5.4 of the Constitution of Ireland provides for a leapfrog appeal from the High Court to the Supreme Court, thereby skipping the Court of Appeal.Under Article 35.5.4, a leapfrog appeal may be brought if the Supreme Court is satisfied that there are exceptional circumstances warranting a direct appeal to it, and either the decision of the High Court involves a matter of general public importance, or the interests of justice require.