Textual Amendments
F1Pt. 52 inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 5 (with rule 39(a)) (as amended by S.I. 2000/940, rules 1, 2)
52.10—(1) In relation to an appeal the appeal court has all the powers of the lower court.
(Rule 52.1(4) provides that this Part is subject to any enactment that sets out special provisions with regard to any particular category of appeal—where such an enactment gives a statutory power to a tribunal, person or other body it may be the case that the appeal court may not exercise that power on an appeal)
(2) The appeal court has power to—
(a)affirm, set aside or vary any order or judgment made or given by the lower court;
(b)refer any claim or issue for determination by the lower court;
(c)order a new trial or hearing;
(d)make orders for the payment of interest;
(e)make a costs order.
(3) In an appeal from a claim tried with a jury the Court of Appeal may, instead of ordering a new trial—
(a)make an order for damages(gl) or
(b)vary an award of damages made by the jury.
(4) The appeal court may exercise its powers in relation to the whole or part of an order of the lower court.
(Part 3 contains general rules about the court’s case management powers)]