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Section 23: Appeals
Proposal 48
Rules designed to enable the substantive hearing of appeals to be dealt with efficiently,
including rules enabling the Court of Appeal to give directions case managing the hearing,
should be adopted.
Subject
to
Recommendation
below, Proposal
(for introducing further case
management provisions for appeals to the Court of Appeal) should not be adopted in the
form put forward.
Applications which are interlocutory to pending appeals should be dealt with on paper by
two Justices of Appeal, who should have power to make any orders necessary without a
hearing, giving brief reasons for their decision; or, alternatively, to direct that there be a
hearing before themselves or before a panel of three judges (the last option being dictated
where the two judges are unable to agree).
Proposal 49
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.
Proposal 50
The principles upon which appeals are determined should apply uniformly to the Court of
First Instance and the Court of Appeal.
Proposal 49 (for having appeals by way of review in place of appeals by way of re-hearing)
and Proposal 50 (for applying the same approach to all appeals) should not be adopted.
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