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

Will the right to bring an appeal be limited?

The right to bring first and subsequent appeals should not be unreasonably limited.

 

Limiting the right to bring an appeal is a way of encouraging finality and avoids the endless re-litigation of the same issues. However, any limits must be reasonable. Unreasonable limits may result in the right to bring the appeal being of little worth. Two common limitations that promote finality are to impose time limits (on first and subsequent appeals) and leave (permission) requirements on subsequent appeals.

 

  • Time limits on when an appeal must be brought: Set a time limit for bringing an appeal. Exceptions to a time limit are appropriate as long as the criteria for granting an extension are expressly set out and it is clear that extensions should not be granted as a matter of course.

 

  • Leave requirements on a second right of appeal: A second right of appeal should generally be available only with the leave of the first appellate body, or with special leave from the second appellate body. The statute should state the criteria for the granting of leave. Typically, these will include either the interests of justice or the public interest in having an important question of law resolved.

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