This Order sets out the general rule that appeals from the county courts other than in family proceedings will lie to the Court rather than to the Court of Appeal, and sets out the exceptions. In force 2/5/00.
The primary purpose of this Order is to provide that from 2nd May 2000 appeals from the county courts other than in family proceedings will, in most cases, lie to the High Court rather than to the Court of Appeal (article 3(1)).
Appeals from decisions of masters, registrars and district judges of the High Court will continue to lie to a judge of the High Court (article 2). Similarly appeals from district judges in county courts will continue to lie to a judge of a county court (article 3(2)). These routes of appeal are currently set out in RSC Order 58 (Schedule 1 to the Civil Procedure Rules 1998) and CCR Order 13, rule 1 and Order 37, rule 6 (Schedule 2 to the Civil Procedure Rules 1998). Because these Orders will be revoked from 2nd May by the Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), it is necessary to provide for the routes of appeal in this Order.
If the decision to be appealed is a final decision in a claim allocated to the multi-track or made in specialist proceedings or was itself made on appeal, the appeal will lie to the Court of Appeal irrespective of the court of first instance (articles 4 and 5).
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.