C1C2C3C4C5C6F1PART 52APPEALS
Pt. 52 applied (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024), rules 1, 12.58 (with rule 3(3), Sch. 2)
Pt. 52 applied (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 4.40 (with rule 1.2)
Pt. 52 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 4.37 (with rule 1.2)
Pt. 52 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 133(3) (with rule 4(1))
Pt. 52 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 236-239 (with rule 5)
Pt. 52 applied (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 129(3) (with rule 2)
SECTION IVAdditional rules
Hearing of appeals52.21
1
Every appeal will be limited to a review of the decision of the lower court unless—
a
a practice direction makes different provision for a particular category of appeal; or
b
the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.
2
Unless it orders otherwise, the appeal court will not receive—
a
oral evidence; or
b
evidence which was not before the lower court.
3
The appeal court will allow an appeal where the decision of the lower court was—
a
wrong; or
b
unjust because of a serious procedural or other irregularity in the proceedings in the lower court.
4
The appeal court may draw any inference of fact which it considers justified on the evidence.
5
At the hearing of the appeal, a party may not rely on a matter not contained in that party’s appeal notice unless the court gives permission.
Pt. 52 substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rule 2, Sch. (with rule 16)