If the Supreme Court makes a decision against you, and you are dissatisfied with that decision, you may, in certain circumstances appeal to the Court of Appeal.

There are, however, some decisions that cannot be appealed. Further, the right to appeal is not automatic in every circumstance, and whether or not you will be successful on the appeal is another story.

Against that background, it is vital that you know your rights and how much time you will have to exercise them. 

No appeal is allowed in the following circumstances: (i) where statute expressly states that the decision is final, (ii) where there is an order of the Court allowing an extension of time for appealing a judgment, (iii) where there is an order giving unconditional leave to defend an action, or (iv) where the Court has made an order absolute for the dissolution or nullity of a marriage in favour of a party who has had the opportunity to appeal the decree nisi.

In the case of an interlocutory judgment (that is, a decision of the Court that does not finally determine the matter), you must appeal within 14 days of the date the Court made the decision against you. In any other case you will have 42 days within which to appeal.

In circumstances where there is no automatic right to appeal, you will have to seek the Court’s leave, (i.e., its permission to appeal). Where leave is required, you must first make an application to the Supreme Court within 14 days of the date of the order which you wish to appeal. The Court will only grant the application for leave to appeal if it believes you have a real, and not a fanciful, chance of success on the appeal. If the Court grants permission, you will then have 14 days from the day it is granted to file your appeal. If the application for leave is denied by the Supreme Court, then you may apply directly to the Court of Appeal for such leave.

To lodge an appeal with the Court of Appeal, you must file a Notice and Grounds of Appeal in the form set out in the Court of Appeal Rules. The form requires a statement of the decision you are appealing, the grounds of the appeal, and the orders being sought.

You should also be aware of the following:

(i) That the Court of Appeal has a discretion to extend the time for complying with the timelines referred to above after taking into account the length and reason for the delay and most importantly the merits of your appeal.

(ii) If the decision you are appealing involves the exercise of judicial discretion the Court of Appeal will only interfere in limited circumstances. Those circumstances include situations where a Judge made a decision flawed in law or contrary to the evidence before him, or if the decision can be shown to be plainly wrong, or alternatively where the Judge’s decision is so abnormal that no Judge mindful of his duty to act fairly could have reached it.

In summary, if you are dissatisfied with a decision of the Supreme Court, and believe there is merit in the appeal, you should act quickly having regard to the timelines for the filing of appeals.