Rule 27.11 Hearing and determination of appealsI1

England

(1)

Unless it orders otherwise, the appeal court will not receive—

(a)

oral evidence;

(b)

evidence which was not before the lower court.

(2)

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.

(3)

The appeal court may draw any inference of fact which it considers justified on the evidence.

(4)

At the hearing of an appeal a party may not rely on a matter not contained in the party’s appeal notice unless the appeal court gives permission.

Annotations