Statutory Instrument 2000 No. 1071 (L. 10)

The Access to Justice Act 1999 (Destination of Appeals) Order 2000

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The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Access to Justice Act 1999 (Destination of Appeals) Order 2000, ISBN 0 11 099162 1, £1.50 sterling. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

(a) "decision" includes any judgment, order or direction of the High Court or a county court;

(b) "family proceedings" means proceedings which are business of any description which in the High Court is for the time being assigned to the Family Division and to no other Division by or under section 61 of (and Schedule 1 to) the Supreme Court Act 1981^Acts[2]; and

(c) "final decision" means a decision of a court that would finally determine (subject to any possible appeal or detailed assessment of costs) the entire proceedings whichever way the court decided the issues before it.

    (3) A decision of a court shall be treated as a final decision where it - 

(a) is made at the conclusion of part of a hearing or trial which has been split into parts; and

(b) would, if made at the conclusion of that hearing or trial, be a final decision under paragraph (2)(c).

    (4) Articles 2 to 6 - 

(a) do not apply to an appeal in family proceedings; and

(b) are subject to - 


(i) any enactment that provides a different route of appeal (other than section 16(1) of the Supreme Court Act 1981^Acts or section 77(1) of the County Courts Act 1984^Acts[3]); and

(ii) any requirement to obtain permission to appeal.

Appeals from the High Court
     2. Subject to articles 4 and 5, an appeal shall lie to a judge of the High Court where the decision to be appealed is made by - 

(a) a person holding an office referred to in Part II of Schedule 2 to the Supreme Court Act 1981^Acts[4];

(b) a district judge of the High Court; or

(c) a person appointed to act as a deputy for any person holding such an office as is referred to in sub-paragraphs (a) and (b) or to act as a temporary additional officer in any such office.

Appeals from a county court
     3.  - (1) Subject to articles 4 and 5 and to paragraph (2), an appeal shall lie from a decision of a county court to the High Court.

    (2) Subject to articles 4 and 5, where the decision to be appealed is made by a district judge or deputy district judge of a county court, an appeal shall lie to a judge of a county court.

Appeals in a claim allocated to the multi-track or in specialist proceedings
     4. An appeal shall lie to the Court of Appeal where the decision to be appealed is a final decision - 

(a) in a claim made under Part 7 of the Civil Procedure Rules 1998[3] and allocated to the multi-track under those Rules; or

(b) made in proceedings under the Companies Act 1985^Acts[4] or the Companies Act 1989[5] or to which Sections I, II or III of Part 57 or any of Parts 58 to 63 of the Civil Procedure Rules 1998 apply.

This Article is shown as amended by Article 2 of the Civil Procedure (Modification of Enactments) Order 2003 w/e from 1 April 2003

Appeals where decision was itself made on appeal
     5. Where - 

(a) an appeal is made to a county court or the High Court (other than from the decision of an officer of the court authorised to assess costs by the Lord Chancellor); and

(b) on hearing the appeal the court makes a decision,

an appeal shall lie from that decision to the Court of Appeal and not to any other court.

Transitional provisions
     6. Where a person has filed a notice of appeal or applied for permission to appeal before 2nd May 2000 - 

(a) this Order shall not apply to the appeal to which that notice or application relates; and

(b) that appeal shall lie to the court to which it would have lain before 2nd May 2000.

Consequential amendments
     7. In section 16(1) of the Supreme Court Act 1981^Acts, before "the Court of Appeal" the second time it appears, insert "or as provided by any order made by the Lord Chancellor under section 56(1) of the Access to Justice Act 1999,".

     8. In section 77(1) of the County Courts Act 1984^Acts, after "Act" insert "and to any order made by the Lord Chancellor under section 56(1) of the Access to Justice Act 1999".


Irvine of Lairg,
C.

Dated 15th April 2000

[2] 1981 c. 54.back

[3] 1984 c. 28. Section 77(1) was amended by the Civil Procedure Act 1997^Acts (c. 12), section 10, Schedule 2, paragraphs 2(1) and (7).back

[4] 1981 c. 54. Schedule 2 was substituted by the Courts and Legal Services Act 1990Acts (c. 41), section 71(2), Schedule 10, paragraph 49 and amended by the Access to Justice Act 1999 (c. 22), section 106, Schedule 15, Pt III.back

[5] S.I. 1998/3132; there are no relevant amendments.back