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Scope of this Part

60.1 (1) This Part deals with appeals to the High Court from any

tribunal or person under any enactment other than an appeal

by way of case stated.

(2) In this Part-

"tribunal" means any tribunal established under

an enactment other than a court of law; and

"clerk to the tribunal" means the clerk, secretary or other person responsible for the administration of the tribunal; and

"decision" means the order, determination, decision or award

appealed against.

(4) This Part takes effect subject to any provisions in the

relevant enactment.

How to appeal to the court

60.2 (1) Any appeal to the court must be made by issuing a

fixed date claim.

(2) The claim form must be entitled with the name of the

enactment under which the appeal is made.

(3) The claimant's statement of case must state -

(a) the decision against which the appeal is made; and

(b) the facts found by the tribunal or person whose decision

is being appealed; and

(c) the grounds of the appeal identifying -

(i) any finding of fact; and

(ii) any finding of law

which the claimant seeks to challenge.

(4) The date for the first hearing must not be less than 28, nor

more than 56, days after issue of the claim.

(the procedure relating to fixed date claims is dealt with in rules 8.1(4) and 27.2)

Effect of appeal

60.3 The making of an appeal does not operate as a stay of proceedings

on the decision against which the appeal is brought unless -

(a) the court, or

(b) the tribunal or person whose decision is being appealed,

so orders.

Persons on whom claim form must be served

60.4 The claimant must serve the claim form and statement of case on -

(a) the clerk to the tribunal, minister or other person by whom the decision appealed against was made; and

(b) every other party to the proceedings in which the decision was made.

Time within which claim form must be served

60.5 The claim form and statement of case must be served within 28 days of

the date on which notice of the decision was given to the claimant.

Amendment of statement of case

60.6 (1) The claimant may amend his statement of case without

permission not less than 7 days before the first hearing.

(2) Permission to amend the statement of case may be given at

the first hearing.

(3) The court may not give permission to amend the statement

of case after the first hearing unless the claimant satisfies the court that the change is necessary because of some change in circumstance which became known after the first hearing.

First hearing

60.7 (1) The claimant must file at the court office a signed copy of any

note made by the person presiding at the proceedings in which

the decision was made not less than 7 days before the first

hearing.

(2) If the court does not hear the appeal at the first hearing it

must fix a date time and place for the full hearing.

(Rule 27.2 deals with the court's powers at the first hearing.)

Hearing of appeal

60.8 (1) The appeal is to be by way of rehearing.

(2) The court may receive further evidence on matters of fact.

(3) The court may draw any inferences of fact which might

have been drawn in the proceedings in which the decision

was made.

(4) The court may -

(a) give any decision or make any order which ought to

have been given or made by the tribunal or person

whose decision is appealed; or

(b) make such further or other order as the care requires;

or

(c) remit the matter with the opinion of the court for

rehearing and determination by the tribunal or

person.

(6) The court is not bound to allow an appeal because of -

(a) misdirection; or

(b) the improper admission or rejection of evidence,

unless it considers that a substantial wrong or a miscarriage has been caused.

Right of minister to be heard

60.9 A minister is entitled to be heard on any appeal against a decision made by him.