Rule 1 Appeals

This Rule shall apply, with any necessary modifications and subject to the provisions of the relevant enactment, to any appeal not otherwise provided for which under any enactment for the time being in force may lie to a county court against any order, determination, award or other decision of a tribunal (in this Order referred to as an “order”).

Every such appeal (in this Order referred to as an “appeal”) shall be by way of re-hearing and where any question of fact is involved in an appeal, the evidence bearing on such question shall be given orally unless [^f1 the judge], as respects that evidence or any part thereof, otherwise directs.

Every appeal shall be brought by notice of appeal intituled in the matter of the relevant enactment and as between the parties to the appeal, and shall set forth the grounds upon which the appellant relies.

[^f2 Subject to paragraphs [^f3 (4A) to (4D)], every such notice] of appeal shall be served—

^f4 If the appeal is brought under section 35A or section 40B of the Immigration and Asylum Act 1999 (in this Rule referred to as “the Act”)^f5 against a decision of the Secretary of State to impose a penalty under section 32 of the Act or a charge under section 40 of the Act, the appeal notice must, subject to paragraph (4B), be served within twenty-eight days after receiving the penalty notice or charge notice.

If notice of objection has been given to the Secretary of State under section 35(4) or section 40A(3) of the Act^f6 within the time prescribed for doing so, the appeal notice must be served within 28 days after receiving notice of the Secretary of State’s decision in response to the notice of objection.]

^f7 If the appeal is brought under section 11 of the UK Borders Act 2007 (in this rule referred to as “the 2007 Act”) against a decision of the Secretary of State to impose a penalty under section 9(1) of the 2007 Act, the appeal notice must, subject to paragraph (4D), be served within twenty-one days from the date on which the penalty notice was received.

If notice of objection has been given to the Secretary of State under section 10 of the 2007 Act within the time prescribed for doing so, the appeal notice must be served within twenty-one days from the date on which the notice of the Secretary of State’s decision in response to the notice of objection was received.]

Every appeal shall be entered in the Office by the appellant who shall send by prepaid post to, or leave at, the Office—

so as to be received in the Office not later than [^f8 28 days before the date fixed for the hearing].

Every appeal shall be to the equity sittings held next after the expiration of a period of fifteen days from the day on which notice of appeal is served.

An appellant may by his notice appeal against the whole or any part of the order and the notice shall state whether the whole or part only, and if part of which part, of the order is impugned.

Upon the entry of an appeal the chief clerk may require the secretary, registrar or other proper officer of the tribunal to furnish to the Office a copy of the order.

The chief clerk may make and issue to any party, or any person interested, a copy of the order.

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Subject to the provisions of this Rule, [^f9 the judge] shall, in relation to an appeal, have the like powers and authorities as he has in the exercise of the jurisdiction of the court in equity matters.

Subject to the provisions of the relevant enactment and of this Rule, the procedure, rules and practice for the time being in force in county courts with respect to equity proceedings shall apply to every appeal.