Justice (Northern Ireland) Bill – in a Public Bill Committee at 7:30 pm on 12 February 2002.
I beg to move amendment No. 299, in page 62, line 30, leave out from beginning to 'and' in line 35 and insert—
'(a) after sub-paragraph (a) insert—
''(ab) any party may appeal on a question of law to a judge (not being a deputy judge) against any order, decision or determination;'',
(b) in sub-paragraph (b), for the words from ''by the High Court'', onwards substitute ''by the Court of Appeal, state for the determination of the Court of Appeal any question of law arising out of an award made by the district judge in dealing with the claim unless an appeal on the question has been brought under sub-paragraph (ab);'','.
With this it will be convenient to take Government amendments Nos. 300 and 301.
This group of amendments removes an undesirable side effect resulting from changes to the appeals process for small claims cases. The Northern Ireland civil justice reform group recommended that appeals relating to any question of law arising from an award made in a small claims court should go to the Court of Appeal, rather than the High Court. In addition, the group recommended that there should be a right of appeal from a small claims court to a county court on a point of law, regardless of whether an award was made. It was intended that those rights of appeal should be both exhaustive and exclusive. If a party appealed on a point of law to the county court judge and was unsuccessful, he should not attempt to appeal on the same point of law to the Court of Appeal. However, the wording of clause 73(2) as drafted does not fully reflect that intention.
Amendment No. 299 and the two consequential amendments correct that and reflect the reform group's recommendation by preventing an overlap in the appeal routes. I ask that the amendments be made.
Amendment agreed to.
Amendments made: No. 300, in page 62, leave out line 37 and insert '(ab) and (b)'.
No. 301, in page 62, line 39, leave out '(4)(ba)' and insert '(4)(ab)'.—[Mr. Browne.]
Clause 73, as amended ordered to stand part of the Bill.