The Civil Procedure (Amendment) Rules 2003

Determining the application

54.25—(1) The application will be determined by a single judge without a hearing, and by reference only to the written submissions and the documents filed with them.

(2) If the applicant relies on evidence which was not submitted to the adjudicator or the Tribunal, the court will not consider that evidence unless it is satisfied that there were good reasons why it was not submitted to the adjudicator or the Tribunal.

(3) The court may affirm or reverse the Tribunal’s decision.

(4) Where the Tribunal refused permission to appeal, the court will reverse the Tribunal’s decision only if it is satisfied that—

(a) the Tribunal may have made an error of law; and

(b) either—

(i) the appeal would have a real prospect of success; or

(ii) there is some other compelling reason why the appeal should be heard.

(5) Where the Tribunal granted permission to appeal, the court will reverse the Tribunal’s decision only if it is satisfied that—

(a) the appeal would have no real prospect of success; and

(b) there is no other compelling reason why the appeal should be heard.

(6) If the court reverses the Tribunal’s decision to refuse permission to appeal—

(a) the court’s order will constitute a grant of permission to appeal to the Tribunal; and

(b) the court may limit the grant of permission to appeal to specific grounds.

(7) The court’s decision shall be final and there shall be no appeal from that decision or renewal of the application.