Appeals are dealt with under Part 52 of the Civil Procedure Rules.
You can not simply appeal a court’s decision just because you think the Judge has got it wrong. You can only appeal if you have the proper legal grounds for example, if you can show that the decision is wrong because of a serious mistake or because the relevant procedures were not followed correctly.
In most cases, you will need to ask a Judge for permission to appeal. This can be done in two ways, either by asking the Judge to grant permission to appeal at the hearing where the order you wish to appeal has been made or by making a written application to the court for permission to appeal. The Judge will only grant permission if they think the appeal has a real chance of succeeding or there is some other compelling reason for the appeal to be heard. The court does have power to limit the issues to be dealt with on appeal or make the appeal subject to conditions.
If the Judge refuses your application for permission to appeal without a hearing, you can ask the court to re-consider your appeal by listing it for a hearing when representations can be made to the Judge in question. A Judge can refuse permission to appeal on the grounds that your application cannot in any way be justified and may order that you are not allowed to request an oral hearing.
When making an appeal the court will not allow you to introduce any new evidence, that is evidence that was not used at the initial hearing or which has become available since the hearing Every appeal will be limited to a review of the decision of the lower court unless the court considers that it would be in the interests of justice to hold a re-hearing.
An appeal court has the power to affirm, set aside or vary any order or judgement given by a lower court, refer any claim or issue for determination by the lower court, order a new trial or hearing, make orders for the payment of interest and make a costs order. It will grant the appeal where the decision of the lower court was wrong or unjust because of a serious procedural or other irregularity.
You must remember that if you lose your appeal, you may well be ordered to pay your opponent’s costs including the costs of their legal representatives if they have one.
We can assist in advising you whether you have grounds to appeal a decision of the court and deal with all aspects of your appeal on your behalf.
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