This is a single section from Chapter 25. Read the full chapter here.

Will decisions taken under the legislation be subject to an appeal to the courts or other specialist body?

Legislation should identify which of the existing courts or specialist bodies will hear any appeal.

 

There is no common law right to a civil appeal (judicial review exists independently in the common law). Any appeal right must be granted by legislation and expressly stated.

Where a right of appeal from a decision or internal review is granted, the legislation should identify which body will hear the appeal. The two general classes of appeal body are the courts of general jurisdiction (District Court, High Court, Court of Appeal, and Supreme Court) and specialist bodies and courts (such as the Tenancy Tribunal, the Social Security Appeal AuthorityEnvironment Court, and Employment Court).

Courts of general jurisdiction are more appropriate for second appeals from specialist courts; or for first appeals where general matters of criminal or civil law are involved. A specialist body will generally be appropriate for first appeals from decision makers in narrow fields or in cases that require technical expertise on the part of the decision maker.

New tribunals are rarely created. Officials should work closely with their legal advisers and the Ministry of Justice before deciding whether to create a new specialist tribunal or expand the jurisdiction of an existing tribunal. The creation of new tribunals and the granting of new powers to existing tribunals are discussed in Chapters 16 and 17.

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