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Food Act 2014

Miscellaneous provisions - Immunity, delegation, and review provisions - Further appeals

365: Further appeals to Court of Appeal or Supreme Court

You could also call this:

"You can ask a higher court to review a decision, but only if you follow the rules and they agree to hear your case."

If you want to appeal a decision made by the High Court, you can ask the Court of Appeal or the Supreme Court to hear your case, but you need to get their permission first. You can only do this if you have already appealed to the High Court under section 364. The Court of Appeal or the Supreme Court has the same power to make decisions as the High Court did. When you ask the Supreme Court for permission to appeal, they will only say yes if there are exceptional circumstances, as stated in section 75 of the Senior Courts Act 2016. You have to follow the rules set by the court to appeal a decision.

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Part 5Miscellaneous provisions
Immunity, delegation, and review provisions: Further appeals

365Further appeals to Court of Appeal or Supreme Court

  1. With the leave of the court appealed to, a party to an appeal under section 364 may appeal to the Court of Appeal or the Supreme Court against any determination of the High Court in the appeal.

  2. On an appeal under this section, the Court of Appeal or the Supreme Court has the same power to adjudicate on the proceedings as the High Court had.

  3. Subsection (1) is subject to section 75 of the Senior Courts Act 2016 (which provides that the Supreme Court must not give leave to appeal directly to it against a decision made in a court other than the Court of Appeal unless it is satisfied that there are exceptional circumstances that justify taking the proposed appeal directly to the Supreme Court).

Notes
  • Section 365(3): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).