ABSTRACT
Appeal exists only where it is specifically provided by statute; thus, we can only make use of it if we can find a statutory right of appeal covering the decision. As you should already be aware, the provision of appeal rights in the UK is very uneven. Whether an appeal exists or not depends largely on historical accident. The scope of appeal (that is, the power of the court to intervene) will depend on the wording of the statute. Some appeals are on ‘the merits’, where the appellate body must re-examine the whole dispute, including arguments of fact, and take a fresh decision as to the outcome. But more often appeal is limited to a point of law, so that the appellate body cannot re-examine disputes of fact. Such a right of appeal is provided to the High Court from most tribunals and from the decisions of some ministers by s 11 of the Tribunals and Inquiries Act 1992, as well as by some other specific legislation.
