[F1Hearing of appealsE+W
52.21.—(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.]
Textual Amendments
F1Pt. 52 substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rule 2, Sch. (with rule 16)