Part IV Appeals etc.

Appeals

C277 Appeals: general provisions.

C11

Subject to the provisions of this section and the following provisions of this Part of this Act F1and to any order made by the Lord Chancellor under section 56(1) of the Access to Justice Act 1999, if any party to any proceedings in F9the county court is dissatisfied with the determination of F10a judge or jury, he may appeal from it to the Court of Appeal in such manner and subject to such conditions as may be provided by F2Civil Procedure Rules.

F31A

Without prejudice to the generality of the power to make F4rules of courtF11..., such rules may make provision for any appeal from the exercise by a F12judge of the county court of any power given to him by virtue of any enactment to F13be to another judge of F9the county court .

F52

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5

Subject to the provisions of this section and the following provisions of this Part of this Act, where an appeal is brought under subsection (1) in any action, an appeal may be brought under that subsection in respect of any claim or counterclaim in the action notwithstanding that there could have been no such appeal if that claim had been the subject of a separate action.

6

In proceedings in which either the plaintiff or the defendant is claiming possession of any premises this section shall not confer any right of appeal on any question of fact if by virtue of—

a

section 13(4) of the M1Landlord and Tenant Act 1954; or

b

Cases III to IX in Schedule 4 to the M2Rent (Agriculture) Act 1976; or

c

section 98 of the M3Rent Act 1977, as it applies to Cases 1 to 6 and 8 and 9 in Schedule 15 to that Act, or that section as extended or applied by any other enactment; or

d

section 99 of the Rent Act 1977, as it applies to Cases 1 to 6 and 9 in Schedule 15 to that Act; or

e

F6section 84(2)(a) of the Housing Act 1985; or

F7ee

section 7 of the Housing Act 1988, as it applies to the grounds in Part II of Schedule 2 to that Act; or

F14eg

section 209 (breach of contract ground) of the Renting Homes (Wales) Act 2016 (anaw 1); or

eh

section 210 (estate management grounds) of the Renting Homes (Wales) Act 2016; or

f

any other enactment,

the court can only grant possession on being satisfied that it is reasonable to do so.

7

This section shall not—

a

confer any right of appeal from any judgment or order where a right of appeal is conferred by some other enactment; or

b

take away any right of appeal from any judgment or order where a right of appeal is so conferred,

and shall have effect subject to any enactment other than this Act.

8

In this section—

  • “enactment” means an enactment whenever passed; F8. . .

  • F8. . .