The Access to Justice Act 1999 (Destination of Appeals) Order 2000

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Access to Justice Act 1999 (Destination of Appeals) Order 2000 and shall come into force on 2nd May 2000.

(2) In this Order—

(a) “decision” includes any judgment, order or direction of the High Court or a county court;

(b) “family proceedings” means proceedings which are business of any description which in the High Court is for the time being assigned to the Family Division and to no other Division by or under section 61 of (and Schedule 1 to) the Supreme Court Act 1981(1); and

(c) “final decision” means a decision of a court that would finally determine (subject to any possible appeal or detailed assessment of costs) the entire proceedings whichever way the court decided the issues before it.

(3) A decision of a court shall be treated as a final decision where it—

(a) is made at the conclusion of part of a hearing or trial which has been split into parts; and

(b) would, if made at the conclusion of that hearing or trial, be a final decision under paragraph (2)(c).

(4) Articles 2 to 6—

(a) do not apply to an appeal in family proceedings; and

(b) are subject to—

(i) any enactment that provides a different route of appeal (other than section 16(1) of the Supreme Court Act 1981 or section 77(1) of the County Courts Act 1984(2)); and

(ii) any requirement to obtain permission to appeal.

(1)

1981 c. 54.

(2)

1984 c. 28. Section 77(1) was amended by the Civil Procedure Act 1997 (c. 12), section 10, Schedule 2, paragraphs 2(1) and (7).