• Chapter 5: Chapter 5: Appeals

    • 120. Permission to appeal

      (1) Court procedure rules may provide that any right of appeal to —
      (a) the Court of First Instance; or
      (b) the Court of Appeal,
      may be exercised only with permission.
      (2) For the purposes of subsection (1), court procedure rules may make provision as to —
      (a) the classes of case in which a right of appeal may be exercised only with permission;
      (b) the Court or Courts which may give permission for the purposes of this section;
      (c) any considerations to be taken into account in deciding whether permission should be given;
      (d) any requirements to be satisfied before permission may be given; and
      (e) the time within which an appeal, or an application for permission to appeal, must be brought,
      and may make different provision for different circumstances.
      (3) Without affecting any right under court procedure rules to make a further application for permission to appeal to the same or another Court, no appeal shall be made against a decision of a Court to give or refuse permission.
      (4) For the purposes of this section, a right to make an application to have a case stated for the opinion of the Court of First Instance constitutes a right of appeal.
      (5) For the purposes of this section, a right of appeal to the Court of Appeal includes the right to make an application for a new trial.

    • 121. Second appeals

      Where an appeal is made to the Court of First Instance in relation to any matter, and on hearing the appeal the Court makes a decision in relation to that matter, no appeal may be made to the Court of Appeal from that decision.

      Amended on June 24, 2020

    • 122. Power to prescribe alternative destination of appeals

      (1) The Chief Justice may by order provide that appeals which would otherwise lie to —
      (a) the Court of First Instance; or
      (b) the Court of Appeal,
      shall instead lie elsewhere as specified in the order.
      (2) An order under subsection (1) —
      (a) may make different provision for different classes of proceedings or appeals; and
      (b) may contain consequential amendments or repeals of enactments.
      (3) Before making an order under subsection (1), the Chief Justice —
      (a) shall consult the Board; and
      (b) shall place before the Board a draft of the order.
      (4) For the purposes of this section, an application to have a case stated for the opinion of the Court of First Instance constitutes an appeal.
      (5) The Chief Justice may nominate a judicial office holder to exercise his functions under this section.