JERSEY Law and Practice Contributed by: Marcus Pallot and Eleanor Davies, Carey Olsen
10.2 Rules Concerning Appeals of Judgments Appeals to the Court of Appeal Appeals to the Court of Appeal are typically as of right. Article 13 of the Court of Appeal (Jersey) Law 1961 sets out the limitations on the right to appeal, includ- ing where leave to appeal is required. An appeal lies as of right (subject to proper grounds) from final orders. Leave is required to appeal any interlocutory order, consent order, or order as to costs. Appeals to the Privy Council Appeals to the Privy Council require leave from either the Court of Appeal or the Privy Council. Leave to appeal is sought in that order. 10.3 Procedure for Taking an Appeal Court of Appeal Where no leave to appeal is required, the appellant must serve its notice of appeal within 28 days of the judgment being appealed. Where leave to appeal is required, the appellant has 28 days from the date of judgment to make its application for leave to appeal. In both cases, the appellant must apply to have its appeal set down within seven days of serving the notice of appeal. The respondent then has 14 days to file any cross-appeal. Appeals to the Privy Council The applicant must apply to the Court of Appeal for leave to appeal within 28 days of the judgment being appealed. The respondent has 14 days to file an objection. The Court of Appeal typically refuses permission to appeal to the Privy Council. Assuming this is the case, the applicant has 56 days from the date that permission is refused to apply to the Privy Council for leave to appeal. The applicant may make a retrospective application for an extension of time in certain circumstances (eg, because the parties have needed time to engage in settlement discussions). The respondent then has 28 days to file a notice of objection if it wishes to be able to participate in the application. If leave to appeal is granted then the Privy Council will set down directions for the appeal.
10.4 Issues Considered by the Appeal Court at an Appeal On the face of applicable legislation, an appeal to the Court of Appeal is a re-hearing, but in practice an appeal is a review of the decision below on specific grounds. Decisions of fact may only be appealed in very limited circumstances and therefore appeals are typically on points of law. The Court of Appeal is very reluctant to disturb findings of fact based on oral evi- dence. It may disturb findings of fact based on written evidence and may also consider further evidence. New points may be taken on appeal and new evi- dence submitted. However, the party seeking to intro- duce further relevant evidence must show that it is new, influential and credible. The threshold is high. The Privy Council only hears appeals on points of law of general public importance. 10.5 Court-Imposed Conditions on Granting an Appeal The court may impose conditions on granting leave to appeal, such as the payment of security for costs into court. The court has discretion upon granting an appeal as to the order that it makes. Therefore, it is possible that the court may impose conditions, such as the payment of monies, in its order. 10.6 Powers of the Appellate Court After an Appeal Hearing The court has discretion. If the appeal is successful then the court will typically set aside the original order and substitute it for the orders sought in the appel- lant’s notice of appeal and/or any orders sought by the respondent by way of cross-appeal. The court may also re-open the appeal in exceptional circumstances. After hearing the appeal, the Court of Appeal has the power to decide whether to grant leave to appeal to the Privy Council.
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