Article 180 Appeal court’s powers

(1)

In relation to an appeal the appeal court has all the powers of the lower court.

(Rule 171(4) provides that this Part is subject to any enactment that sets out special provisions with regard to any particular category of appeal.)

(2)

The appeal court has power to—

(a)

affirm, set aside or vary any order or judgment made or given by the lower court;

(b)

refer any application or issue for determination by the lower court;

(c)

order a new hearing;

(d)

make orders for the payment of interest; and

(e)

make a costs order.

(3)

The appeal court may exercise its powers in relation to the whole or part of an order of the lower court.

(Rule 12 contains general rules about the court’s case management powers.)

(4)

If the appeal court—

(a)

refuses an application for permission to appeal;

(b)

strikes out an appellant’s notice; or

(c)

dismisses an appeal,

and it considers that the application, the appellant’s notice or the appeal is totally without merit, the provisions of paragraph (5) must be complied with.

(5)

Where paragraph (4) applies—

(a)

the court’s order must record the fact that it considers the application, the appellant’s notice or the appeal to be totally without merit; and

(b)

the court must at the same time consider whether it is appropriate to make a civil restraint order.