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PART IV |
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APPEALS, COURT PROCEEDINGS AND JUDGES |
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Right of appeal |
| Permission to appeal. |
40. - (1) Rules of court may provide that any right of appeal to-
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may be exercised only with permission.
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(2) This section does not apply to a right of appeal in a criminal cause or matter.
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(3) For the purposes of subsection (1) rules of court may make provision as to-
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(a) the classes of case in which a right of appeal may be exercised only with permission, |
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(b) the court which may give permission for the purposes of this section, |
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(c) any considerations to be taken into account in deciding whether permission should be given, and |
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(d) any requirements to be satisfied before permission may be given, |
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and may make different provision for different circumstances.
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(4) For the purposes of this section a right to make an application to have a case stated for the opinion of the High Court constitutes a right of appeal.
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(5) For the purposes of this section a right of appeal to the Court of Appeal includes-
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(a) the right to make an application for a new trial, and |
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(b) the right to make an application to set aside a verdict, finding or judgment in any cause or matter in the High Court which has been tried, or in which any issue has been tried, by a jury. |
| Second appeals. |
41. - (1) Where an appeal is made to a county court or the High Court in relation to any matter, and on hearing the appeal the court makes a decision in relation to that matter, no appeal may be made to the Court of Appeal from that decision unless the Court of Appeal considers that-
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(a) the appeal would raise an important point of principle or practice, or |
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(b) there is some other compelling reason for the Court of Appeal to hear it. |
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(2) This section does not apply in relation to an appeal in a criminal cause or matter.
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Destination of appeals |
| Power to prescribe alternative destination. |
42. - (1) The Lord Chancellor may by order provide that appeals which would otherwise lie to-
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shall lie instead to another of those courts, as specified in the order.
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(2) This section does not apply to an appeal in a criminal cause or matter.
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(3) An order under subsection (1)-
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(a) may make different provision for different classes of proceedings or appeals, and |
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(b) may contain consequential amendments or repeals of enactments. |
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(4) Before making an order under subsection (1) the Lord Chancellor shall consult-
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(a) the Lord Chief Justice, |
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(b) the Master of the Rolls, |
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(c) the President of the Family Division, and |
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(5) An order under subsection (1) shall be made by statutory instrument.
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(6) No such order may be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
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(7) For the purposes of this section an application to have a case stated for the opinion of the High Court constitutes an appeal.
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| Assignment of appeals to Court of Appeal. |
43. - (1) Where in any proceedings in a county court or the High Court a person appeals, or seeks permission to appeal, to a court other than the Court of Appeal or the House of Lords-
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(a) the Master of the Rolls, or |
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(b) the court from which or to which the appeal is made, or from which permission to appeal is sought, |
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may direct that the appeal shall be heard instead by the Court of Appeal.
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(2) The power conferred by subsection (1)(b) shall be subject to rules of court.
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