) judgments of the High Court--(a) where its
jurisdiction is consultative only; (b) where there is an appeal to the
High Court from an inferior court of civil jurisdiction; (c) where there
is an appeal to the High Court from any court of person, unless in cases
(b) and (c) leave be obtained of the court by which the order is made,
or of the court of appeal; (2) orders of the High Court in registration
and election cases except with the like leave; (3) orders made by
consent of parties, or as to costs only which by law are left to the
discretion of the court; (4) certain interlocutory orders mentioned in S
1 of the Supreme Court of Judicature (Procedure) Act 1894, except by
leave of the judge appealed from or of the court of appeal (5) orders of
the admiralty division in cases of prize, the appeal from which lies to
His Majesty in Council; (6) where the decision of any court whose
jurisdiction was transferred to the High Court is declared by statute to
be final; (7) matters which from their nature were not appealable to any
court before the Judicature Acts, or in which the court of appeal has no
means of enforcing or executing its judgment. For example, it was held
in the House of Lords, in _Cox_ v. _Hakes_, 1890, 15 A.C. 506, that no
appeal lies from the order of a judge discharging a prisoner under a
writ of _habeas corpus_. "If," said Lord Herschell, "the contention of
the respondent is to prevail, the statute has effected a grave
constitutional change"; and later, "if" the High Court "has inherited
the combined powers of the courts whose functions were transferred to
it, but none of them had any jurisdiction or authority to review a
discharge by a competent court under a writ of _habeas corpus_, or to
enforce the arrest of one thus freed from custody ... it seems to me to
follow, that however wrong the court of appeal might think a discharge
to have been, it would have been powerless to order a rearrest, or at
least to enforce such an order."

The procedure of the court of appeal is regulated by the rules of the
Supreme Court. A distinction is drawn between appeals from a final
judgment or order (which, unless the parties consent to a smaller
quorum, must be heard by three judges) and an appeal from an
interlocutory order (which may be determined by two judges of the court
of appeal).

In the case of appeals from a final or interlocutory "judgment," or from
an order, including applications for a new trial, the appea