Section 52.20

In relation to an appeal the appeal court has all the powers of the lower court. (Rule 52.1(4) provides that this Part is subject to any enactment that sets out special provisions with regard to any particular category of appeal. Where such an enactment gives a statutory power to a tribunal, person or other body, it may be the case that the appeal court may not exercise that power on an appeal.) The appeal court has power to— affirm, set aside or vary any order or judgment made or given by the lower court; refer any claim or issue for determination by the lower court; order a new trial or hearing; make orders for the payment of interest; make a costs order. In an appeal from a claim tried with a jury the Court of Appeal may, instead of ordering a new trial— make an order for damages; or vary an award of damages made by the jury. The appeal court may exercise its powers in relation to the whole or part of an order of the lower court. If the appeal court— refuses an application for permission to appeal; strikes out an appellant’s notice; or dismisses an appeal, Where paragraph (5) applies— the court’s order must record the fact that it considers the application, the appellant’s notice or the appeal to be totally without merit; and the court must at the same time consider whether it is appropriate to make a civil restraint order. (Part 3 contains general rules about the court’s case management powers.) and it considers that the application, the appellant’s notice or the appeal is totally without merit, the provisions of paragraph (6) must be complied with.

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Source: legislation.gov.uk · retrieved 2026-08-15