Court of Appeal (England and Wales) in the context of Family Court (England and Wales)


Court of Appeal (England and Wales) in the context of Family Court (England and Wales)

⭐ Core Definition: Court of Appeal (England and Wales)

The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal.

The court has two divisions, Criminal and Civil, led by the Lady Chief Justice and the Master of the Rolls respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Its decisions are binding on all courts, including itself, apart from the Supreme Court.

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Court of Appeal (England and Wales) in the context of Incontrovertible evidence

Incontrovertible evidence and conclusive evidence (less formally, concrete evidence and hard evidence) are colloquial terms for evidence introduced to prove a fact that is supposed to be so conclusive that there can be no other truth to the matter; i.e., evidence so strong it overpowers contrary evidence, directing a fact-finder to a specific and certain conclusion.

A "conclusive evidence" clause may be included in a contract or deed of guarantee, having the effect of showing that, in the absence of manifest error, the guarantor is liable to deliver on their guarantee when their obligation is triggered. The Court of Appeal ruled in IIG Capital LLC v Van de Merwe (22 May 2008) that wording in a deed of guarantee, stating that "A certificate in writing signed by a duly authorised officer ... stating the amount at any particular time due and payable by the Guarantor ... shall, save for manifest error, be conclusive and binding on the Guarantor for the purposes hereof" bound the guarantor despite the otherwise "strong presumption" against a guarantee being treated as a demand bond or guarantee payable on demand, and the Commercial Court in England and Wales ruled on the effect of a similar clause in the case of Carey Value Added S.L. v Grupo Urvasco SA in 2010. Conclusive evidence clauses are interpreted strictly by the courts, with any ambiguity being resolved in favour of the guarantor.

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Court of Appeal (England and Wales) in the context of Chancery Division

The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes.

The High Court deals at first instance with all high-value and high-importance civil law (non-criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective.

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Court of Appeal (England and Wales) in the context of Lord chief justice

The Lord or Lady Chief Justice of England and Wales is the head of the judiciary of England and Wales and the president of the courts of England and Wales.

Until 2005 the lord chief justice was the second-most senior judge of the English and Welsh courts, surpassed by the lord chancellor, who normally sat in the highest court. The Constitutional Reform Act 2005 changed the roles of judges, creating the position of President of the Supreme Court of the United Kingdom and altering the duties of the lord chief justice and the lord chancellor. The lord chief justice ordinarily serves as president of the Criminal Division of the Court of Appeal and head of criminal justice, meaning its technical processes within the legal domain, but under the 2005 Act can appoint another judge to these positions. The lord chancellor became a purely executive office, with no judicial role.

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Court of Appeal (England and Wales) in the context of Finders, keepers

Finders keepers, sometimes extended as the children's rhyme finders keepers, losers weepers, is an English adage with the premise that when something is unowned or abandoned, whoever finds it first may claim it for themselves to own, by the “first in time” legal standard. The phrase relates to an ancient Roman law of similar meaning and has been expressed in various ways over the centuries. It can be uncertain, however, just when or how something is unowned or abandoned, and a party other than the finder may lay claim to it, leading to legal or ethical disputes, whose findings different courts or jurisdictions may interpret differently. In one case involving two claimants, the 1982 English Court of Appeal case Parker v British Airways Board, the judgement of Donaldson L.J. declared, "Finders keepers, unless the true owner claims the article".

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Court of Appeal (England and Wales) in the context of Rwanda asylum plan

The UK and Rwanda Migration and Economic Development Partnership was an immigration policy proposed by the governments of Boris Johnson, Liz Truss and Rishi Sunak whereby people whom the United Kingdom identified as illegal immigrants or asylum seekers would have been relocated to Rwanda for processing, asylum and resettlement. Those who were successful in claiming asylum would have remained in Rwanda, and they would not have been permitted to return to the United Kingdom. The UK would invest in a development fund for Rwanda and financially support migrants' relocation and accommodation costs to move to Rwanda.

The first flight for this plan received legal clearance from the High Court of Justice and was scheduled for 14 June 2022. A last-minute interim measure by the European Court of Human Rights led to the plan being halted until the conclusion of the legal action in the UK. At the end of 2022, the High Court further ruled that though the plan was lawful, the individual cases of eight asylum seekers due to be deported that year had to be reconsidered. The Court of Appeal ruled on 29 June 2023 that the plan was unlawful; with an appeal to the Supreme Court of the United Kingdom leading to a concurrence with the lower court on 15 November 2023. The Safety of Rwanda (Asylum and Immigration) Act 2024 overruled the courts' judgments and declared Rwanda a safe country.

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Court of Appeal (England and Wales) in the context of Colin Blackburn, Baron Blackburn

Colin Blackburn, Baron Blackburn, PC (18 May 1813 – 8 January 1896) was a British lawyer and judge. The son of a Scottish clergyman, he was educated in Scotland and England, before joining the English bar. He was little known to the legal world before he was elevated from the junior bar to a puisne judgeship in the Court of Queen's Bench by Lord Campbell in 1859, a position he held until 1876, when he was appointed to the Court of Appeal. In October of that year, he was the first person to be appointed as a law lord under the provisions of the newly enacted Appellate Jurisdiction Act. He retired in 1886 and died ten years later.

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Court of Appeal (England and Wales) in the context of Civil Procedure Rule Committee

The Civil Procedure Rule Committee is an advisory non-departmental public body within the Government of the United Kingdom which makes rules for the Civil Division of the Court of Appeal, High Court and County Court.

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Court of Appeal (England and Wales) in the context of Ingrid Simler, Lady Simler

Ingrid Ann Simler, Lady Simler, DBE, PC (born 17 September 1963) is a Justice of the Supreme Court of the United Kingdom. She was previously a judge of the Court of Appeal of England and Wales.

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