Process Costs and Error Costs: The Reform of Civil Appeals in Anglo-American Perspective

Courts make “mistakes”; Correction of these “mistakes” has a private and public purpose. The appeal system exists to satisfy both of these interests. The appeal system has to hold the balance between minimising the costs caused by error and minimising the process costs of putting things right. English civil justice resources have become stretched and the court system has struggled to provide an efficient procedure for appeals. The guiding theory of „one appeal is enough‟ has reinforced the importance of the permission stage but operating this is itself a drain on resources. The Court of Appeal wants to concentrate upon being a court of first appeal for the High Court. Second appeals to it will become less frequent and the role of the High Court in terms of developing the common law will be of increased significance.