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HMRC internal manual

National Minimum Wage Manual

From
HM Revenue & Customs
Updated
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Roles and Responsibilities: Court of Appeal (England and Wales) and Court of Session (Scotland)

An appeal from a judgment of the Employment Appeal Tribunal (NMWM02120) is to the Court of Appeal, Civil Division (England and Wales) or the Court of Session (Scotland).

The Court of Appeal, Civil Division (England and Wales) sits at the Royal Courts of Justice in London. The Court of Appeal is divided into a Civil Division and a Criminal Division. Prior to 1 October 2009 appeals from the Court of Appeal in civil cases were to the House of Lords but they are now made to the Supreme Court of the United Kingdom (NMWM02150). Such appeals are only admitted where a case raises an arguable point of law of general public importance.

The Court of Session is Scotland’s supreme civil court. It sits at Parliament House in Edinburgh. The Court of Session is both court of appeal for most civil matters and a court at first instance (for civil matters which cannot be dealt with in the Sheriff Court). It is formed by the Inner House (comprising the first and second divisions) and the Outer House (where only single judges or Lords of Session (styled Senators of the College of Justice) sit). Decisions of the Court of Session in civil appeals are subject to ultimate appeal to the Supreme Court of the United Kingdom (NMWM02150) (prior to 1 October 2009 these appeals were made to the House of Lords).

Applications for permission to appeal to the Court of Appeal or Court of Session should be made at the court from which the appeal arises but if not, or if permission is refused, an application can be made directly to the Civil Appeals Office (England) or the Court of Session (Scotland).