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Court Procedures Rules
5403Appeals to Court of Appeal—requirements for notice of
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5403 Appeals to Court of Appeal—requirements for notice of
appeal etc
(1) The notice of appeal to the Court of Appeal must state—
(a) the order appealed from and the date of the order; and
(b) whether the appeal is from all or part of the order; and
(c) if the appeal is from part of the order—the part appealed from;
and
(d) whether the appellant will seek to put further evidence before
Rule 5403
(e) if further evidence is to be put before the court—briefly the
nature of the evidence and what is sought to be proved; and
claimed that there is an error of law in the order; and
(g) the order sought.
(2) The notice of appeal must be accompanied by a 1-paragraph (about
250 words) summary (the case summary) of—
(a) the proceeding in which the order appealed from was made; and
(b) the order appealed from; and
(c) the grounds relied on in support of the appeal.
(3) If the appeal is brought by leave of the Court of Appeal—
(a) the notice of appeal must state that the appeal is brought by
leave; and
(b) a sealed copy of the order giving leave to appeal must
accompany the notice of appeal and every copy of the notice of
appeal served under rule 5409 (Appeals to Court of Appeal—
serving notice of appeal and case summary).
(4) If the appellant wants to present the appellant’s case in writing under
part 5.8 (Written cases), the notice of appeal must state that the
appellant wants to do so.
(5) If there is a respondent to the appeal, the notice of appeal must include
an instruction that before taking any other step in the proceeding the
respondent must file in the court a notice of intention to respond
(unless the respondent filed a notice of intention to respond to an
application for leave to appeal from an interlocutory order, or for
leave to appeal out of time from a final judgment, in the proceeding,
and the information provided in the notice has not changed).
Rule 5404
(6) On the hearing of the appeal, the appellant must not, without the Court
of Appeal’s leave—
(a) raise any question that is not stated in the notice of appeal; or
(b) rely on any ground in support of the order sought that is not
stated in the notice of appeal.