S.L. 234.11 · Merchant Shipping Casualties Rules (S.L. 234.11)
S.L. 234.11 Art. 8Appeals.
An appeal from a decision of the Court made to the Court of Appeal under article 325 of the Act shall be made according to the following provisions of this rule:
(a) the party intending to appeal shall within fifteen working days, other than Saturdays, from the date on which the decision is given by the Court, file before such Court a notice of his intention to appeal and shall serve on such of the other parties to the proceedings as he may consider to be directly affected by the appeal a copy such notice;
(b) such party shall, within fifteen working days, other than Saturdays, of the filing of the notice referred to in paragraph (a), file before the Court of Appeal an application for the reversal or modification, as the case may be, of the decision given by the first Court, containing the general grounds of the appeal and shall serve a copy of such application on all the other parties referred to in the said paragraph (a) and the Registrar of the Court of Appeal shall thereupon put the appeal on the list for hearing on such date as the Court may appoint;
(c) where the appeal is made by any party other than the Minister, the appellant shall, before the appeal is heard, give such security for the costs of the appeal, by way of deposit of money or otherwise, in such an amount as the Regi,strar of the Court of Appeal may direct;
(d) the Court of Appeal may, if it thinks fit, order any person, other than the parties served with a copy of the application of appeal, to be added as a party or parties to the proceedings for the purposes of the appeal, on such terms with respect to costs and otherwise as the said Court may think fit;
(e) the evidence taken before the Court from whose decision the appeal is brought shall be proved before the Court of Appeal by a copy of the notes of the Court or by such other materials as the Court of Appeal thinks expedient, and a copy of the evidence as well as of the report to the Minister containing the decision from which the appeal is brought shall be transmitted by the Registrar of the first Court to the Registrar of the Court of Appeal on the request of the latter after the filing of the application to appeal;
(f) the Court of Appeal shall have full power to receive further evidence on questions of fact as well as with respect to matters which have occurred since the date of the decision from which the appeal is brought;
(g) the Court of Appeal shall have power to make such order as to the whole or any part of the costs of and occasioned by the appeal as the Court rnay think just;
(h) subject to the foregoing provisions of this rule, every appeal shall be conducted under and in accordance with the general rules and regulations applicable to ordinary prcceedings before the Court of Appeal;
(i) on the conclusion of an appeal, the Court of Appeal shall give its decision in open court and shall send to the Minister a report of the case in such form as the said Court may think fit.
Verweist auf
- S.L. 234.11 Art. 325