Rule 179 Determination of appeals

(1)

An appeal will be limited to a review of the decision of the first instance judge unless—

(a)

a practice direction makes different provision for a particular category of appeal; or

(b)

the appeal judge considers that in the circumstances of the appeal it would be in the interests of justice to hold a re-hearing.

(2)

Unless he orders otherwise, the appeal judge will not receive—

(a)

oral evidence; or

(b)

evidence that was not before the first instance judge.

(3)

The appeal judge will allow an appeal where the decision of the first instance judge was—

(a)

wrong; or

(b)

unjust, because of a serious procedural or other irregularity in the proceedings before the first instance judge.

(4)

The appeal judge may draw any inference of fact that he considers justified on the evidence.

(5)

At the hearing of the appeal a party may not rely upon a matter not contained in his appellant’s or respondent’s notice unless the appeal judge gives permission.