Log on
Browse content

Access to Justice Act 1999 (Destination of Appeals) Order 2016

Legal Materials Copyright Statement & Disclaimer

Made 12th September 2016

  • 2016 No. 917

    This Order makes provision for the court to which an appeal will lie against a decision in civil proceedings. It replaces provision previously made by the Access to Justice Act 1999 (Destination of Appeals) Order 2000 (SI 2000/1071, "the 2000 Order"), which is revoked by this Order (article 7). The provisions of this Order differ from those of the 2000 Order in that they make no distinction between interim and final decisions and remove the exceptions by which appeals against certain final decisions would lie to the Court of Appeal.

    In the county court, appeal will lie from a decision of a Circuit Judge to the High Court (article 5(1)) and a decision of a District Judge to a Circuit Judge (article 5(3)), unless that decision relates to non-insolvency company law, in which case it will lie from a District Judge to the High Court (article 5(4)).

    Article 5 also applies to other judges of the county court (as defined in section 5 of the county courts Act 1984 (c.28)) who hear cases which may be heard by a District Judge or which may only be heard by a Circuit Judge. Appeals from the decisions of District Judges who also sit in the Upper Tribunal (and so to whom both article 5(1) and 5(3) would apply) will still lie to a Circuit Judge (Article 5(2)).

    Appeals from decisions of Masters, Registrars and District Judges of the High Court will continue to lie to a judge of the High Court (article 4(1)), except that, in proceedings which have been allocated to the small claims track of the Intellectual Property Enterprise Court, an appeal will lie from a decision of a District Judge to an enterprise judge (article 4(2)).


    An appeal from a decision of the county court or the High Court which is itself made on appeal, will lie to the Court of Appeal (article 6).


Published: 15/09/2016

Bookmark this item




Copyright 

Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.