JERSEY Law and Practice Contributed by: Marcus Pallot, Eleanor Davies and Christopher Tan, 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 (Jer- sey) Law 1961 sets out the limitations on the right to appeal, including 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, con- 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 appel- lant 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. sent order, or order as to costs. Appeals to the Privy Council 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 judg- ment 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 per- mission 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 par- ties 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 Coun- cil 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 circum- stances and therefore appeals are typically on points of law. The Court of Appeal is very reluc- tant 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 evidence submitted. However, the party seek- ing to introduce 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 secu- rity 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.
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