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Paragraph 94 Appeals to the Court of Appeal

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In the following cases an appeal shall lie from decisions of the Supreme Court to the Court of Appeal as of right, that is to say—

(a)

final decisions, in any civil or criminal proceedings, on questions as to the interpretation of this Constitution;

(b)

final decisions in any civil proceedings where the matter in dispute on the appeal is of the value of £5000 or upwards or where the appeal involves, directly or indirectly, a claim to or a question respecting property or a right of the value of £5000 or upwards; but the figure of £5000 may be increased from time to time by Ordinance;

(c)

final decisions in proceedings under section 19;

(d)

final decisions in proceedings for dissolution or nullity of marriage; and

(e)

in such other cases as may be prescribed by Ordinance.

(2)

In the following cases an appeal shall lie from decisions of the Supreme Court to the Court of Appeal, with the leave of the Supreme Court or the Court of Appeal, that is to say—

(a)

where the decision appealed against is a final decision in civil proceedings and in the opinion of the court giving leave, the question involved in the appeal is one that, by reason of its great or general importance or otherwise, ought to be submitted to the Court of Appeal; and

(b)

in such other cases as may be prescribed by Ordinance.

(3)

Subsections (1) and (2) shall be without prejudice to section 36(4).

(4)

In this section the references to final decisions of a court do not include any determination of that court that any application made to it is merely frivolous or vexatious.