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APPEALS
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Author:  JD [ Sat Aug 18, 2007 3:47 pm ]
Post subject:  APPEALS
CPR Rule 52.1 - SCOPE AND INTERPRETATION

I GENERAL RULES ABOUT APPEALS

SCOPE AND INTERPRETATION

52.1 (1) The rules in this Part apply to appeals to -
(a) the civil division of the Court of Appeal;

(b) the High Court; and

(c) a county court.

(2) This Part does not apply to an appeal in detailed assessment proceedings against a decision of an authorised court officer.

(Rules 47.20 to 47.23 deal with appeals against a decision of an authorised court officer in detailed assessment proceedings)

(3) In this Part -

(a) "appeal" includes an appeal by way of case stated;

(b) "appeal court" means the court to which an appeal is made;

(c) "lower court" means the court, tribunal or other person or body from whose decision an appeal is brought;

(d) "appellant" means a person who brings or seeks to bring an appeal;

(e) "respondent" means -

(i) a person other than the appellant who was a party to the proceedings in the lower court and who is affected by the appeal; and

(ii) a person who is permitted by the appeal court to be a party to the appeal; and

(f) "appeal notice" means an appellant's or respondent's notice.

(4) This Part is subject to any rule, enactment or practice direction which sets out special provisions with regard to any particular category of appeal.
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CPR Rule 52.10 - APPEAL COURT'S POWERS

52.10 (1) In relation to an appeal the appeal court has all the powers of the lower court.

(Rule 52.1(4) provides that this Part is subject to any enactment that sets out special provisions with regard to any particular category of appeal -where such an enactment gives a statutory power to a tribunal, person or other body it may be the case that the appeal court may not exercise that power on an appeal)

(2) The appeal court has power to -

(a) affirm, set aside or vary any order or judgment made or given by the lower court;

(b) refer any claim or issue for determination by the lower court;

(c) order a new trial or hearing;

(d) make orders for the payment of interest;

(e) make a costs order.

(3) In an appeal from a claim tried with a jury the Court of Appeal may, instead of ordering a new trial -

(a) make an order for damages(GL); or

(b) vary an award of damages made by the jury.

(4) The appeal court may exercise its powers in relation to the whole or part of an order of the lower court.

(Part 3 contains general rules about the court's case management powers)

(5) If the appeal court -

(a) refuses an application for permission to appeal;

(b) strikes out an appellant's notice; or

(c) dismisses an appeal,

and it considers that the application, the appellant's notice or the appeal is totally without merit, the provisions of paragraph (6) must be complied with.

(6) Where paragraph (5) applies -

(a) the court's order must record the fact that it considers the application, the appellant's notice or the appeal to be totally without merit; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.".
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Rule 52.12A - STATUTORY APPEALS - COURT'S POWER TO HEAR ANY PERSON

52.12A. -(1) In a statutory appeal, any person may apply for permission-

(a) to file evidence; or

(b) to make representations at the appeal hearing.

(2) An application under paragraph (1) must be made promptly.
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CPR Rule 52.11 - HEARING OF APPEAL

52.11 (1) Every appeal will be limited to a review of the decision of the lower court unless -

(a) a practice direction makes different provision for a particular category of appeal; or

(b) the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.

(2) Unless it orders otherwise, the appeal court will not receive -

(a) oral evidence; or

(b) evidence which was not before the lower court.

(3) The appeal court will allow an appeal where the decision of the lower court was -

(a) wrong; or

(b) unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

(4) The appeal court may draw any inference of fact which it considers justified on the evidence.

(5) At the hearing of the appeal a party may not rely on a matter not contained in his appeal notice unless the appeal court gives permission.
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CPR Rule 52.15 - JUDICIAL REVIEW APPEALS

52.15 (1) Where permission to apply for judicial review has been refused at a hearing in the High Court, the person seeking that permission may apply to the Court of Appeal for permission to appeal.

(2) An application in accordance with paragraph (1) must be made within 7 days of the decision of the High Court to refuse to give permission to apply for judicial review.

(3) On an application under paragraph (1), the Court of Appeal may, instead of giving permission to appeal, give permission to apply for judicial review.

(4) Where the Court of Appeal gives permission to apply for judicial review in accordance with paragraph (3), the case will proceed in the High Court unless the Court of Appeal orders otherwise.
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Rule 52.19 - APPEALS FROM CERTAIN TRIBUNALS

52.19. -(1) A person who was a party to proceedings before a tribunal referred to in section 11(1) of the Tribunals and Inquiries Act 1992 and is dissatisfied in point of law with the decision of the tribunal may appeal to the High Court.

(2) The tribunal may, of its own initiative or at the request of a party to the proceedings before it, state, in the form of a special case for the decision of the High Court, a question of law arising in the course of the proceedings.
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