PART 20APPEALS
Determination of appeals20
1
An appeal shall be limited to a review of the decision of the first instance judge unless—
a
a practice direction makes different provision for a particular category of appeal; or
b
the appeal judge considers that in the circumstances of the appeal it would be in the interests of justice to hold a re-hearing.
2
Unless the appeal judge orders otherwise, the appeal judge shall not receive—
a
oral evidence; or
b
evidence that was not before the first instance judge.
3
The appeal judge shall allow an appeal where the decision of the first instance judge was—
a
wrong; or
b
unjust, because of a serious procedural or other irregularity in the proceedings before the first instance judge.
4
The appeal judge may draw any inference of fact that the appeal judge considers justified on the evidence.
5
At the hearing of the appeal, a party may not rely on a matter not contained in the appellant's or respondent's notice unless the appeal judge gives permission.