SCHEDULE 5
PART 52APPEALS
Hearing of appeals52.11
1
Every appeal will be limited to a review of the decision of the lower court unless—
a
a practice direction makes different provision for a particular category of appeal; or
b
the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.
2
Unless it orders otherwise, the appeal court will not receive—
a
oral evidence; or
b
evidence which was not before the lower court.
3
The appeal court will allow an appeal where the decision of the lower court was—
a
wrong; or
b
unjust because of a serious procedural or other irregularity in the proceedings in the lower court.
4
The appeal court may draw any inference of fact which it considers justified on the evidence.
5
At the hearing of the appeal a party may not rely on a matter not contained in his appeal notice unless the appeal court gives permission.