Appeals should be limited to a review of the decision of the lower court, subject to the
appellate court having a discretion to treat the appeal as a re-hearing if the circumstances
merit such an approach.
The principles upon which appeals are determined should apply uniformly to the Court of
First Instance and the Court of Appeal.
Proposal 49 addresses a possible change to the nature of the appellate process
undertaken by the Court of Appeal and Proposal 50
canvasses applying the same
approach to all appeals.