Rule 32 Orders

(1)

In relation to an appeal or a reference, the Court has all the powers of the court below and may—

(a)

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

(b)

remit any issue for determination by that court;

(c)

order a new trial or hearing;

(d)

make orders for the payment of interest;

(e)

make a costs order.

(2)

An order of the Court may be enforced in the same manner as an order of the court below or of the appropriate superior court.

(3)

For the purposes of paragraph (2) “the appropriate superior court” means—

(a)

in the case of an appeal or reference from a court in England and Wales, the High Court;

(b)

in the case of an appeal or reference from a court in Scotland—

(i)

where the appeal or reference is in civil proceedings, the Court of Session; and

(ii)

where the appeal or reference is in criminal proceedings, the High Court of Justiciary;

(c)

in the case of an appeal or reference from a court in Northern Ireland, the High Court in Northern Ireland.

(4)

In the case of references other than those mentioned in paragraph (3) “the appropriate superior court” in paragraph (2) means—

(a)

where the reference is under the Scotland Act 1998^f1, the Court of Session;

(b)

where the reference is under the Northern Ireland Act 1998^f2, the High Court in Northern Ireland; and

(c)

where the reference is under the Government of Wales Act 2006^f3, the High Court.

(5)

Every order of the Court must be prepared and sealed by the Registrar and must state the date on which it is made and comes into effect. The Registrar may invite written submissions as to the form of the order.

Annotations

Footnotes

f1: 1998 c. 46.
f2: 1998 c. 47.
f3: 2006 c. 32.