Determination of Application
On receiving the relevant documents, a panel of three judges of the Supreme Court meets to consider whether the constitutional threshold for granting leave to appeal (as set out in Article 34.5 of the Constitution) has been met.
The Supreme Court hears appeals from decisions of the Court of Appeal where it is satisfied:
- that the decision involves a matter of general public importance, or
- in the interests of justice, it is necessary that there be an appeal to the Supreme Court.
The Supreme Court can also hear appeals from decisions of the High Court where it is satisfied that there are exceptional circumstances warranting a direct appeal to it, and:
- the decision involves a matter of general public importance, and/or
- it is in the interests of justice.
While most hearings are conducted in public, consideration of applications for leave to appeal generally takes place in private. The judges review the filed documents and issue a written determination setting out whether leave to appeal has been granted or refused, and if granted, in respect of what issues. The determination is then circulated to the affected parties before being published online.
Determinations of the Supreme Court can be accessed here.