Senior Courts Act 2016

  • Warning: Some amendments have not yet been incorporated
  • Corrections have been made to Part 2 of Schedule 4 on 11 November 2016 under section 25(1)(j)(iii) and (iv) of the Legislation Act 2012, and on 6 March 2017 to Schedule 3 under section 25(1)(j)(iii) and (v) of the Legislation Act 2012, and on 7 March 2017 to Schedule 3 in order to fix amending terminology under sections 25(1)(j)(i) and (v), and on 23 August 2017 to section 174 under section 25(1)(j)(i) of the Legislation Act 2012.

Jurisdiction

56 Jurisdiction

(1)

The Court of Appeal may hear and determine appeals—

(a)

from a judgment, decree, or order of the High Court:

(c)

from any court or tribunal under any other Act that confers on the Court of Appeal jurisdiction and power to hear and determine an appeal.

(2)

Subsection (1) is subject to subsections (3) and (5) and to rules made under section 148.

(3)

No appeal, except an appeal under subsection (4), lies from any order or decision of the High Court made on an interlocutory application in respect of any civil proceeding unless leave to appeal to the Court of Appeal is given by the High Court on application made within 20 working days after the date of that order or decision or within any further time that the High Court may allow.

(4)

Any party to any proceedings may appeal without leave to the Court of Appeal against any order or decision of the High Court—

(a)

striking out or dismissing the whole or part of a proceeding, claim, or defence; or

(b)

granting summary judgment.

(5)

If the High Court refuses leave to appeal under subsection (3), the Court of Appeal may grant that leave on application made to the Court of Appeal within 20 working days after the date of the refusal of leave by the High Court.

(6)

If leave to appeal under subsection (3) or (5) is refused in respect of an order or a decision of the High Court made on an interlocutory application, nothing in this section prevents any point raised in the application for leave to appeal from being raised in an appeal against the substantive High Court decision.

Compare: 1908 No 89 s 66