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23.3
The present appellate approach
Appeals conducted by the Court of Appeal are at present "by way of rehearing". The
relevant rules provide as follows :-
An appeal to the Court of Appeal shall be by way of rehearing ......
(1)
In relation to an appeal the Court of Appeal shall have all the powers and duties as to
amendment and otherwise of the Court of First Instance.
(2)
The Court of Appeal shall have power to receive further evidence on questions of fact,
either by oral examination in court, by affidavit, or by deposition taken before an
examiner, but, in the case of an appeal from a judgment after trial or hearing of any
cause or matter on the merits, no such further evidence (other than evidence as to
matters which have occurred after the date of the trial or hearing) shall be admitted
except on special grounds.
(3)
The Court of Appeal shall have power to draw inferences of fact and to give any
judgment and make any order which ought to have been given or made, and to make
such further or other order as the case may require."
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