PART 22Destination of appeals and permission to appeal

Appeals from consistory courts22.1

1

This rule explains—

a

the destination of an appeal from a judgment, order or decree of a consistory court—

i

in faculty proceedings, or

ii

in proceedings for an injunction or a restoration order; and

b

whether permission to appeal is needed.

2

The appeal lies to the provincial court unless the appeal to any extent relates to matter involving doctrine, ritual or ceremonial.

3

The appeal lies to the Court of Ecclesiastical Causes Reserved if the appeal to any extent relates to matter involving doctrine, ritual or ceremonial.

4

Rules 23.1 and 23.2 make provision for determining whether an appeal relates to any extent to matter involving doctrine, ritual or ceremonial.

5

An appellant who wishes to appeal to the provincial court under paragraph (2) needs permission to appeal. (See rule 22.2 and Part 23.)

6

Permission is not needed to appeal to the Court of Ecclesiastical Causes Reserved under paragraph (3).

Test for permission to appeal to provincial courts22.2

Permission to appeal to a provincial court may be granted only where the judge to whom the application for permission to appeal is made considers that—

a

the appeal would have a real prospect of success; or

b

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

Appeals from provincial courts22.3

1

An appeal from a judgment of a provincial court in faculty proceedings (but not in proceedings for an injunction or restoration order) lies to the Judicial Committee of the Privy Council (“the Judicial Committee”).

2

An appellant needs permission from the Judicial Committee to bring an appeal under paragraph (1).

3

The procedure for appeals to the Judicial Committee (including the procedure for obtaining permission to appeal) is governed by the Judicial Committee (Appellate Jurisdiction) Rules 200911.

4

An appellant who applies to the Judicial Committee for permission to bring an appeal must at the same time file a copy of the application for permission and the proposed grounds of appeal with the registrar of the provincial court.

Review of findings of the Court of Ecclesiastical Causes Reserved22.4

1

A finding of the Court of Ecclesiastical Causes Reserved may be reviewed by a Commission of Review.

2

Permission is not needed to file a petition seeking a review under paragraph (1).

3

Part 26 makes provision for the procedure to be followed in seeking a review of a finding of the Court of Ecclesiastical Causes Reserved by a Commission of Review.