Legal Definitions - instrument of appeal

An instrument of appeal was a specific type of formal legal document used in historical English law. Before 1881, if a trial judge in the Probate, Divorce and Admiralty Division made a decision in a divorce case, and one of the parties disagreed with that decision, they would use an instrument of appeal to formally request that the entire panel of judges within that same court review the original judgment. This document was the official means to initiate such an appeal, effectively asking a higher authority within the same court to reconsider the trial judge's ruling.

Here are some examples of how an instrument of appeal might have been used:

• Example 1: Challenging a financial settlement
  In 1875, Mrs. Eleanor Vance was granted a divorce from her husband, Mr. Arthur Vance, by a trial judge. However, Mrs. Vance felt that the financial settlement awarded to her was insufficient and would leave her in poverty. To challenge this aspect of the judgment, her solicitor would have prepared and filed an instrument of appeal, formally requesting the full panel of the Probate, Divorce and Admiralty Division to review the trial judge's decision regarding the financial provisions.

• Example 2: Disputing the grounds for divorce
  Imagine in 1879, Mr. Thomas Croft was found guilty of desertion by a trial judge, leading to his wife being granted a divorce. Mr. Croft vehemently denied the accusation and believed the evidence presented against him was flawed. To contest the judge's finding on the grounds for divorce, his legal representative would have submitted an instrument of appeal, seeking a re-evaluation of the evidence and the judgment by the full court.

• Example 3: Appealing a child custody decision
  Consider a divorce case in 1872 where the trial judge made a ruling on the custody of the couple's children, awarding full custody to the father. The mother, deeply distressed by this decision, believed it was not in the best interest of her children. To challenge this specific part of the divorce judgment, her legal team would have filed an instrument of appeal, asking the full panel of judges to reconsider the custody arrangement.