In summary, if the High Court judge considers that the relevant conditions are met, and that the case is suitable for a leapfrog appeal, then they may grant a certificate to that effect (section 12(1) of the Act).
The "relevant conditions in section 12(3) are that: a point of law of general public importance is involved in that decision and that that point of law either— (a) relates wholly or mainly to the construction of an enactment or of a statutory instrument, and has been fully argued in the proceedings and fully considered in the judgment of the judge in the proceedings, or
(c) the judge is satisfied that the benefits of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal.Key contemporary examples include the leapfrog appeals in the Miller case, and the Cherry and Miller joint cases, both major judicial review appeals heard by the Supreme Court en banc.
Under Article 35.5.4, a leapfrog appeal may be brought if the Supreme Court is satisfied that there are exceptional circumstances warranting a direct appeal to it, and either the decision of the High Court involves a matter of general public importance, or the interests of justice require.
The US equivalent of a leapfrog appeal is certiorari before judgment, a procedure under which the Supreme Court of the United States is asked to immediately review the decision of a United States District Court, without an appeal having been decided by a United States Court of Appeals, for the purpose of expediting the proceedings and obtaining a final decision.