https://www.slab.org.uk/guidance/appeal-court-cases/
https://www.slab.org.uk/guidance/appeal-court-cases/
The employment of multiple counsel in the Appeal Court can be approved in circumstances where the appeal relates to novel and/or complex areas of law.
In appeals where the Court has decided to convene a five or seven judge bench we will grant prior approval for any request for senior and junior counsel as the convening of such a court is suggestive of novelty and complexity arising in the context of the particular appeal.
In appeal cases we will grant an application for the prior approval of senior counsel in a conviction appeal where the particular counsel conducted the proceedings at first instance. If senior and junior counsel were involved in the trial process we will grant prior approval for the conduct of a conviction appeal where there are matters of novelty and/or complexity and the case is likely to require reference to a substantial volume of authorities and other legal material.
Where an appeal is against sentence only, we will refuse an application for senior and junior counsel if it is made solely on the basis that both were involved in the trial process.
In any procedural appeal arising from proceedings in the Sheriff Court the employment of junior counsel is automatic and prior approval is not required.
If you are requesting approval for senior counsel, we will grant this where there are matters of novelty and/or complexity arising in the context of the particular appeal.
If the request is for senior and junior counsel, we will grant the request where you have demonstrated that matters of novelty and/or complexity arise and that there is significant work to be undertaken as regards researching relevant authorities.
In any procedural appeal arising from proceedings in the High Court the employment of junior counsel is automatic.
In a case where we have approved the employment of senior acting alone no separate prior approval is required for the appeal proceedings.
Where senior and junior counsel have been approved for the conduct of the case no separate prior approval is required for their employment in any procedural appeal.