• PART 25 PART 25 - APPEALS

    • 205. Appeals from the Small Claims Division to the Commercial and Civil Division

      (1) An appellant may appeal from a final judgment or order of the Small Claims Division of the Court of First Instance only by notice of appeal to the Commercial and Civil Division of the Court of First Instance.
      (2) No appeal lies to the Court of Appeal from any judgment or order of the Commercial and Civil Division on an appeal from the Small Claims Division.
      (3) No appeal may be brought against any judgment or order given or made in the Small Claims Division except on a question of law.
      (4) No appeal may be brought against any case management or interim order made in the Small Claims Division.
      (5) A party who seeks to appeal to the Commercial and Civil Division against a final judgment or order of the Small Claims Division must file and serve on all other parties a notice of appeal within 14 days of the date of the decision.
      (6) A notice of appeal to the Commercial and Civil Division must be filed in the appropriate form in accordance with the relevant practice direction.
      (7) A party who wishes to respond to a notice of appeal must, within 14 days of service of the notice, file and serve on the other parties to the proceedings a written response made in the appropriate form in accordance with the relevant practice direction.
      (8) Rules 209C to 211 and 213 apply to appeals to the Commercial and Civil Division from the Small Claims Division in the same way as they apply to appeals from the Commercial and Civil Division to the Court of Appeal.
      Amended on June 1, 2017
      Amended on November 2, 2020

    • 206. Appeals from the Court of First Instance (except for the Small Claims Division) to the Court of Appeal – permission to appeal

      (1) An appellant requires permission to appeal from an order or judgment of a Judge in the Court of First Instance to the Court of Appeal.
      (2) An application for permission to appeal must, in accordance with the relevant practice direction, be made in the form of an application notice and written argument in support, and
      (a) if the application for permission to appeal relates to a case management or interim order, be made to the Court of Appeal within 7 days of the date when the order to be appealed was made;
      (b) if the application for permission to appeal relates to an order from the Court of First Instance refusing permission to apply for judicial review, be made to the Court of Appeal within 10 days of the date when the order to be appealed was made;
      (c) in any other case, be made to the Court of First Instance of the Court of Appeal within 21 days after the date when the order or judgment to be appealed was made.
      (3) Where the Court of First Instance refuses an application for permission to appeal under Rule 206(2)(c) a further application for permission to appeal may be made to the Court of Appeal within 7 days of the date of the refusal.
      (4) There must be filed with the application notice a copy of the order or judgment appealed from and a copy of any order refusing permission to appeal to the Court of Appeal.
      Amended on July 9 2020
      Amended on June 1, 2017

    • 207. Objection by respondent to application for permission to appeal

      (1) A respondent who wishes to object to an application for permission to appeal to the Court of Appeal must, in accordance with the relevant practice direction, file and serve on the applicant and all other parties to the application a written argument in response to the application:
      (a) if the application for permission to appeal relates to a case management or interim order, within 7 days of the respondent being served with the application notice and written argument in support;
      (b) if the application for permission to appeal relates to an order from the Court of First Instance refusing permission to apply for judicial review, within 10 days of the respondent being served with the application notice and written argument in support;
      (c) in any other case, within 21 days of the respondent being served with the application notice and written argument in support.
      (2) A respondent who does not file and serve a written argument in response will not be permitted to participate in the application and will not be given notice of its progress.
      Amended on July 9 2020
      Amended on June 1, 2017

    • 208. Determination of application for permission to appeal

      (1) Applications for permission to appeal, will ordinarily be decided by the Court on the papers without an oral hearing.
      (2) The Court may grant or refuse permission to advance all or any of the grounds of appeal or invite the parties to file written submissions within 14 days as to the grant of permission on terms.
      (3) Where the Court has invited the parties’ submissions as to terms, it shall reconsider the application without a hearing and may refuse permission or grant permission, either unconditionally or on terms, to advance all or any of the grounds of appeal.
      (4) Permission to appeal may be given only where the Court considers that the appeal would have a real prospect of success or there is some other compelling reason why the appeal should be heard.
      (5) An order giving permission to appeal may limit the issues to be heard and be made subject to conditions.
      Amended on July 9, 2020

    • 209. 209. Appeals before Court of Appeal

      (1) If permission to appeal is given, the appellant must, in accordance with the relevant practice direction, file and serve a notice of appeal within 7 days of the order granting permission to appeal.
      (2) The appellant must, in accordance with the relevant practice direction, file and serve its written argument in support of the appeal:
      (a) if the appeal relates to a case management or interim order, at the same time as the appellant files and serves its notice of appeal;
      (b) if the appeal relates to an order from the Court of First Instance refusing permission to apply for judicial review, within 14 days of filing its notice of appeal;
      (c) in any other case, within 21 days of filing its notice of appeal.
      Amended on July 9, 2020

      • 209A. Objection by respondent to appeal

        (1) Other than in respect of an appeal that relates to a case management or interim order, a respondent who wishes to object to an appeal must, in accordance with the relevant practice direction, file and serve an acknowledgment of service on the applicant and all other parties to the appeal within 7 days of being served with the appellant’s written argument in support of the appeal.
        (2) A respondent who wishes to object to an appeal must, in accordance with the relevant practice direction, file and serve on the applicant and all other parties to the appeal a written argument in response to the appeal:
        (a) if the appeal relates to a case management or interim order, within 7 days of the respondent being served with the appellant’s written argument in support of the appeal;
        (b) if the appeal relates to an order from the Court of First Instance refusing permission to apply for judicial review, within 14 days of the respondent being served with the appellant’s written argument in support of the appeal;
        (c)in any other case, within 21 days of the respondent being served with the appellant’s written argument in support of the appeal.
        Amended on July 9, 2020

      • 209B. Reply to objection by respondent

        If the respondent has filed and served a written argument in response to the appeal, of if there are two or more respondents and at least one of them has done so, and the time for filing and serving any other written argument or arguments has expired, an appellant may, in accordance with the relevant practice direction, file and serve a written argument in reply:
        (a) if the appeal relates to a case management or interim order, within 5 days;
        (b) if the appeal relates to an order from the Court of First Instance refusing permission to apply for judicial review, within 7 days;
        (c) in any other case, within 14 days.
        Amended on July 9, 2020

      • 209C. Hearing of the appeal

        (1) Every contested appeal before the Court of Appeal shall be heard in open Court except:
        (a) where it is necessary in the interests of justice or in the public interest for the Court to sit in private or to conduct the hearing by video link; or
        (b) where the Court considers that the appeal can be fairly determined on the papers without an oral hearing and, in all the circumstances of the case, it would be appropriate to do so.
        (2) Hearings shall be conducted in accordance with the relevant practice direction
        (3) The Court may give directions to limit any oral submissions to a specified duration.
        Amended on July 9, 2020

    • 210. Judgment

      A judgment of the Court of Appeal may be delivered in open court or, if the Court so directs, promulgated by the Registrar.

    • 211. Powers of the Court of Appeal

      (1) In relation to an appeal, the Court of Appeal has all the powers of the Court of First Instance and may —
      (a) affirm, set aside or vary any order, judgment or decision made or given by that court;
      (b) refer any claim or issue for determination by that court;
      (c) order a new trial or hearing;
      (d) make orders for the payment of interest; or
      (e) make a costs order.
      (2) The Court of Appeal may exercise its powers in relation to the whole or part of a judgment, order or decision that is the subject of the appeal.
      (3) An order of the Court of Appeal may be enforced in the same manner as an order of the Court of First Instance.
      (4) Subject to section 12(3) of the Regulations, or unless it orders otherwise, the Court of Appeal will not receive oral evidence or evidence which was not before the lower court.
      (5) At the hearing of an appeal, a party may not rely on a matter not contained in his application unless the Court of Appeal gives permission.

    • 212. Stay

      (1) Unless the Court orders otherwise, an appeal to the Court of Appeal shall not operate as a stay of any judgment, order or decision of the Court of First Instance.
      (2) Any appellant who wishes to obtain a stay of execution of the judgment or order appealed from must:
      (a) seek it from the Court of First Instance where an application for permission to appeal has been filed with that Court and the application has not yet been determined;
      (b) in all other cases, seek it from the Court of Appeal,
      and only in wholly exceptional circumstances will the Court grant a stay.
      Amended on July 9, 2020

    • 213. Non-disclosure of Part 18 offers and payments

      (1) The fact that a Part 18 offer or payment in Court has been made must not be disclosed to any Judge who is to hear or determine an application for permission to appeal or an appeal until all questions (other than costs) have been determined.
      (2) Paragraph (1) does not apply if the Part 18 offer or payment into Court is relevant to the substance of the appeal, and it does not prevent disclosure in any application in the appeal proceedings if disclosure of the fact that a Part 18 offer or payment into Court has been made is properly relevant to the matter to be decided.

    • 214. Judicial review appeals from the Court of First Instance

      (1) Where permission to apply for judicial review has been refused at a hearing in the Court of First Instance, the person seeking that permission may apply to the Court of Appeal for permission to appeal.
      (2) On an application under paragraph (1), the Court of Appeal may, instead of giving permission to appeal, give permission to apply for judicial review.
      (3) Where the Court of Appeal gives permission to apply for judicial review in accordance with paragraph (2), the case will proceed in the Court of First Instance.

    • 215. Reopening of final appeals

      (1) The Court will not reopen a final determination of any appeal unless —
      (a) it is necessary to do so in order to avoid a real injustice; or
      (b) the circumstances are exceptional and make it appropriate to reopen the appeal; and
      (c) there is no alternative effective remedy.
      (2) Permission is needed under this Rule to reopen the final determination of an appeal.
      (3) An application for permission under paragraph (2) will be considered by a single Judge, who must not have been a member of the Court which made the determination.
      (4) There is no right to an oral hearing on an application for permission under paragraph (2) unless, exceptionally, the Judge so directs.
      (5) The decision of the Judge on the application for permission is final and not open to appeal.