A more recent version of these Appeals notes – written by City Law School students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Appeal Hearing Grounds for allowing an appeal:
(a) Wrong in law (b) Wrong in fact (c) Wrong in the exercise of discretion (d) Unjust because of a serious procedural defect or other irregularity
GR: A requires permission to appeal. UNLESS:
- A committal order
- A refusal to grant habeas corpus
- A secure accommodation order Test for granting permission to appeal: (1) The appeal would have a real prospect of success; or (2) There is some other compelling reason for an appeal Application is made:
- To the lower court at the hearing to be appealed
General powers of the appeal court: (a) To affirm, set aside or vary any order or judgment made by the lower court; (b) To refer the decision or issue for determination in a lower court; (c) To order a new trial or hearing (last resort); (d) To make orders for the payment of interest; and (e) To make costs orders.
Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.