Legal Definitions - appeal by leave

An appeal by leave refers to a situation where a party wishing to challenge a lower court's or tribunal's decision must first obtain permission from a higher court before their appeal can be heard. Unlike an "appeal by right," where a party can automatically file an appeal, an appeal by leave requires the appellate court to review an application or petition and decide whether the case warrants further review. This process allows higher courts to manage their caseloads and focus on cases that present significant legal questions, novel points of law, or clear errors in the lower court's proceedings.

Here are some examples illustrating an appeal by leave:

• Example 1: A Complex Commercial Dispute

  After a lengthy trial, a district court issues a ruling in a complex commercial dispute involving patent infringement and significant financial damages. The losing party believes the judge made several errors in interpreting patent law. However, the jurisdiction's rules of appellate procedure state that appeals from such interlocutory (non-final) orders, or even final judgments in certain specialized areas, require leave from the Court of Appeals. The losing party must file a formal application, explaining why their case presents important legal questions or a clear misapplication of the law that warrants the appellate court's attention. The Court of Appeals will then decide whether to grant permission for the appeal to proceed.

  This illustrates an appeal by leave because the party cannot simply file an appeal; they must first convince the higher court that their case is worthy of review, demonstrating that it meets specific criteria for permission to appeal.

• Example 2: Administrative Tribunal Decision

  A small business owner challenges a decision made by a state environmental protection agency regarding a permit application. After exhausting all internal agency review processes, the owner wishes to appeal the agency's final decision to the state's highest court. The state's judicial system, however, specifies that appeals from administrative tribunals to the supreme court are not automatic. Instead, a party must file a petition for leave to appeal, arguing that the agency's decision involved a substantial question of law, a constitutional issue, or a significant public interest. The supreme court will then exercise its discretion to grant or deny permission to hear the case.

  This scenario demonstrates an appeal by leave because the highest court is not obligated to hear every appeal from an administrative body. It requires the appealing party to seek and obtain permission, allowing the court to select cases that have broader legal significance beyond the individual dispute.

• Example 3: Interlocutory Appeal in a Criminal Case

  During a criminal trial, the defense attorney objects to a judge's ruling that allows certain potentially prejudicial evidence to be admitted. The defense believes this ruling is a critical error that could jeopardize their client's right to a fair trial. While the trial is still ongoing, the defense wants to immediately appeal this specific evidentiary ruling to a higher court. Many jurisdictions do not allow appeals of individual rulings during a trial as a matter of right, as this would constantly interrupt proceedings. Instead, the defense must apply for leave to appeal the interlocutory (mid-trial) decision. The appellate court will consider whether the ruling is so significant and potentially damaging that it warrants immediate review, rather than waiting for a final verdict and a potential appeal of the entire case.

  This example highlights an appeal by leave because the defense needs special permission from the appellate court to challenge a decision before the trial has concluded. The court will grant leave only if the issue is deemed exceptionally important and time-sensitive.