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.