Access to Justice Act 1999 (Destination of Appeals) Order 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/1071 |
| Year | 2000 |
2000 No. 1071 (L. 10)
SUPREME COURT OF ENGLAND AND WALES
COUNTY COURTS, ENGLAND AND WALES
The Access to Justice Act 1999 (Destination of Appeals) Order 2000
Made 15th April 2000
Coming into force 2nd May 2000
The Lord Chancellor, in exercise of the powers conferred on him by section 56(1) and (3) of the Access to Justice Act 19991, having consulted as required by section 56(4), makes the following Order of which a draft has, in accordance with section 56(6), been laid before and approved by resolution of each House of Parliament:
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Access to Justice Act 1999 (Destination of Appeals) Order 2000 and shall come into force on 2nd May 2000.
(2) In this Order—
(a)
(a) “decision” includes any judgment, order or direction of the High Court or a county court;
(b)
(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 19812; and
(c)
(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)
(a) is made at the conclusion of part of a hearing or trial which has been split into parts; and
(b)
(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)
(a) do not apply to an appeal in family proceedings; and
(b)
(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 or section 77(1) of the County Courts Act 19843); 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 19814;
(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 allocated by a court to the multi-track under rules 12.7, 14.8 or...
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