(1)Subject to subsection (3), an appeal on any question of law lies from any decision or order of the Appeal Tribunal to the relevant appeal court with the leave of the Appeal Tribunal or of the relevant appeal court.
(2) In subsection (1) the “relevant appeal court” means—
(a)in the case of proceedings in England and Wales, the Court of Appeal, and
(b)in the case of proceedings in Scotland, the Court of Session.
(3)No appeal lies from a decision of the Appeal Tribunal refusing leave for the institution or continuance of, or for the making of an application in, proceedings by a person who is the subject of a restriction of proceedings order made under section 33.
(4)This section is without prejudice to section 13 of the Administration of Justice Act 1960 (appeal in case of contempt of court).
Cases considering section 37 12
[2014] EWCA Civ 491 · 25 March 2014Interprets
The court treated the language conferring jurisdiction over appeals from any decision or order of the Employment Appeal Tribunal as not substantially different from section 16 of the Senior Courts Act 1981. It therefore applied the order-not-reasoned-judgment principle to the appeal. (see paras [16]-[17])
[2002] EWCA Civ 1871 · 20 December 2002Limits
The provision permits an appeal from the Employment Appeal Tribunal to the Court of Appeal on a question of law and with leave. It did not restrict the court to asking whether the Employment Appeal Tribunal’s substituted assessment was itself perverse. (see paras [26]; [28]-[29])
[2002] EWCA Civ 971 · 1 July 2002Limits
Limits an appeal to the Court of Appeal from the Employment Appeal Tribunal to a point of law. The court used that statutory threshold to assess whether the applicant’s complaints about the transcript, evidence and disclosure directions disclosed an arguable legal error, and concluded that they did not. (Unpaginated judgment, discussion of the point-of-law requirement.)
What each judgment says about section 37 is in the case-law panel in the full Act.