Appeals and judicial review

Civil Appeals

Permission of the Court to appeal is required in all cases except:

• Appeals against committal orders
• Certain insolvency appeals and
• Certain statutory appeals

If the lower court refuses permission, an application for permission may be made to the appeal court, by appeal notice.
Unless the lower court or the appeal court orders otherwise, an appeal does not operate as a stay of any order.

Criminal Appeals

Judicial Review

Judicial review allows people with a sufficient interest in a decision or action by a public body to ask a judge to review the lawfulness of an enactment, or a decision, action or failure to act in relation to the exercise of a public function.

Before making a claim, the claimant should send a letter to the defendant. The purpose of this letter is to identify the issues in dispute and establish whether litigation can be avoided.

The letter should contain the date and details of the decision, act or omission being challenged and a clear summary of the facts on which the claim is based. It should also contain the details of any relevant information that the claimant is seeking and an explanation of why this is considered relevant. The letter should normally contain the details of any interested parties known to the claimant. They should be sent a copy of the letter before claim for information. Claimants are strongly advised to seek appropriate legal advice when considering such proceedings and, in particular, before sending the letter before claim to other interested parties or making a claim.

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