Discussion
15. We take as our starting point the well known principle that no appeal lies to a superior court or tribunal unless expressly created by statute. This principle is stated unambiguously in Halsbury’s Laws of England, Volume 37 (4th Edition Reissue), paragraph 1501:“An appeal is an application to a superior Court or Tribunal to reverse, vary or set aside the judgment, order, determination, decision or award of an inferior Court or Tribunal in the hierarchy of Courts or Tribunals on the ground that it was wrongly made or that as a matter of justice or law it requires to be corrected.
- Direction Regarding Anonymity – Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008
- Introduction
- The Issue
- The Proceedings to Date
- Statutory Framework
- “Right of appeal to the Tribunal
- “Pending appeal
- Section 11
- “Right to appeal to Upper Tribunal
- “Proceedings on appeal to Upper Tribunal
- “Right to appeal to Court of Appeal etc.
- “Overriding objective and parties’ obligation to co-operate with the Upper Tribunal
- “Case management powers
- The Parties’ Contentions In Outline
- Discussion
- A right of appeal is conferred by statute or equivalent legislative authority; it is not a mere matter of practice or procedure and neither the superior nor the inferior Court or Tribunal nor both combined can create or take away such a right.
- Evans v Bartlam
- Re D (A Child)
- R v Z
- R (Quintavalle) v the Secretary of State for Health
- Brown v Dean
- R v Pinfold
- Hewitson v Hewitson
- R v Director of Public Prosecutions, ex Parte Kebeline
- McLuckie v Coroner for Northern Ireland
- further
- partial
- Conclusion