- tocCivil Procedure Rules
|Contents of this Part|
|Scope of this Part||Rule 60.1|
|How to appeal to the court||Rule 60.2|
|Effect of appeal||Rule 60.3|
|Persons on whom claim form must be served||Rule 60.4|
|Time within which claim form must be served||Rule 60.5|
|Amendment of statement of case||Rule 60.6|
|First hearing||Rule 60.7|
|Hearing of appeal||Rule 60.8|
|Right of minister to be heard||Rule 60.9|
- This Part deals with appeals to the High Court from any tribunal or person under any enactment other than an appeal by way of case stated.
- In this Part –
- “clerk to the tribunal” means the clerk, secretary or other person responsible for the administration of the tribunal;
- “decision” means the award, decision, determination or order appealed against; and
- “tribunal” means any tribunal other than a court of law established under an enactment.
- This Part takes effect subject to any provisions in the relevant enactment.
- An appeal to the court is made by issuing a fixed date claim form in Form 2 to which must be annexed the grounds of appeal.
- The appellant’s grounds of appeal must state the –
- decision against which the appeal is made;
- enactment enabling an appeal to be made to the Court;
- name of the tribunal or person whose decision is being appealed;
- facts found by that tribunal or person; and
- grounds of the appeal, identifying any finding of –
- fact; and
- law; which the claimant seeks to challenge.
- The date for the first hearing must not be less than 28, nor more than 56, days after issue of the claim form.
- Rules 8.1(5) and 27.2 deal with the procedure relating to fixed date claims.
- Part 56 deals with applications to quash a decision by way of certiorari.
- The making of an appeal does not operate as a stay of proceedings on the decision against which the appeal is brought unless the –
- court; or
- tribunal or person whose decision is being appealed; so orders.
- The claimant must serve the claim form and grounds of appeal on –
- every party to the proceedings in which the decision was made; and
- the clerk to the tribunal, minister or other person by whom the decision appealed against was made.
- The claim form and grounds of appeal must be served within 28 days of the date on which notice of the decision was given to the claimant.
- The appellant may amend the grounds of appeal without permission not less than 7 days before the first hearing.
- Permission to amend the grounds of appeal may be given at the first hearing.
- The court may not give permission to amend the grounds of appeal after the first hearing unless the appellant satisfies the court that the change is necessary because of some change in circumstance which became known after the first hearing.
- The appellant must file at the court office a signed copy of any note made by the person presiding at the proceedings in which the decision was made not less than 7 days before the first hearing.
- If the court does not hear the appeal at the first hearing it must fix a date, time and place for the full hearing.
- Unless an enactment otherwise provides, the appeal is to be by way of rehearing.
- The court may receive further evidence on matters of fact.
- The court may draw any inferences of fact which might have been drawn in the proceedings in which the decision was made.
- The court may–
- give any decision or make any order which ought to have been given or made by the tribunal or person whose decision is appealed; and
- make such further or other order as the case requires; or
- remit the matter with the opinion of the court for rehearing and determination by the tribunal or person.
- The court is not bound to allow an appeal because of –
- a misdirection; or
- the improper admission or rejection of evidence; unless it considers that a substantial wrong or a miscarriage of justice has been caused.
- A minister is entitled to be heard on any appeal against a decision made by that minister.