43 Appeal to Court of Appeal on question of law


Any party to an appeal under section 42 who is dissatisfied with any determination of the High Court in the proceedings as being erroneous in point of law may, with the leave of the High Court or, if the High Court refuses leave, with the leave of the Court of Appeal, appeal to the Court of Appeal against the determination; and section 56 of the Senior Courts Act 2016 applies to any such appeal.


In determining whether to grant leave to appeal, the Court of Appeal must have regard to whether the question of law involved in the appeal is one that, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for its decision.


The Court of Appeal, in granting leave, may impose the conditions that it thinks fit, whether as to costs or otherwise.


The decision of the Court of Appeal on any application for leave to appeal, or on an appeal under this section, is final.

Section 43(1): amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).