On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 15/04/2009.
PART III
APPEAL
38.
—(1) Any party to proceedings before a tribunal may appeal to the High Court against an order made by the tribunal under section 35(1) or 37(3) —
(a)
on any ground involving a question of law; or
(b)
on the ground that the claim was outside the jurisdiction of the tribunal.
(1A) An appeal shall lie to the High Court under this section only if leave to appeal is given by the District Court.
(1B) For the avoidance of doubt, leave of the District Court is necessary even if one of the grounds stated in subsection (1) is shown to exist.
(2) Rules may be made under section 47 to regulate and prescribe the procedure to be followed on appeals from a tribunal to the High Court.
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39.
—(1) On an appeal under section 38, the High Court may —
(a)
allow the appeal;
(b)
dismiss the appeal; or
(c)
remit the matter to the tribunal with such directions as the Court thinks fit, which may include a direction to the tribunal for a new hearing.
(2) On an appeal under section 38, the High Court may make such order as to costs and expenses as the Court thinks fit, but may not —
(a)
reverse or vary any determination made by a tribunal on questions of fact; or
(b)
receive further evidence.
(3) A decision of the High Court under subsection (1) shall be final and shall not be subject to any appeal.
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