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.