Member

When read at face value, section 18 of the Senior Courts Act 1981 and section 35 of the Judicature (Northern Ireland) Act 1978 currently suggest that High Court decisions made under the 1996 Act can be appealed to the Court of Appeal only if expressly permitted under that Act. However, the House of Lords judgment in Inco Europe v. First Choice Distribution deemed this to be an error. In that case, it was established that appeals to the Court of Appeal under the 1996 Act are permitted by default unless there is explicit provision to the contrary in that Act. Clause 13 rectifies the original drafting mistake to reflect the position established in this case law.