Commentary Civil Procedure Section 74: Appeals in small claims cases
148.At present, the route of appeal from a small claims court is to the High Court by way of case stated on point of law. Appeals by way of case stated from other lower courts or tribunals are to the Court of Appeal. Subsection (2)(a) of this section inserts a new sub-paragraph (ab) into Article 30(4) of the County Courts (Northern Ireland) Order 1980, to provide for appeals on a question of law to a county court judge.
149.Subsection (2)(b) amends Article 30(4)(b) of the County Courts (Northern Ireland) Order 1980, replacing references to the High Court with references to the Court of Appeal and ensuring that appeals on a point of law may only be brought to the Court of Appeal where they have not previously been brought before a county court judge.
150.Subsection (2)(c) amends Article 30(4)(c) of the County Courts (Northern Ireland) Order 1980 to take account of the new right of appeal and ensure that no further right of appeal is available.
151.Subsection (3) inserts a new paragraph (4A) into Article 30 of the County Courts (Northern Ireland) Order 1980 to prescribe the time limits for, and powers of the judge on, the new right of appeal.