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Appeals

A decision of a court of appeal can be appealed against in the Supreme Court; it is, however, a prerequisite that the Supreme Court first grant leave to appeal.

No leave to appeal is required in cases which the court of appeal has decided as the first instance.

Leave to appeal

The Supreme Court may grant leave to appeal, if this is important for

the application of the law or
the consistency of court practice,
if there is a special reason for the same owing to a procedural or other error which would ensue in the decision being overturned or struck off, or
if there is some other weighty reason for the same.

Leave to appeal must be applied for within 60 days of the decision of the court of appeal. Within that period, a letter of appeal, comprising the application for leave and the appeal itself, addressed to the Supreme Court, must be delivered to the registry of the court of appeal. Also the documents referred to in the letter of appeal must be attached to it.

The application for leave must indicate the grounds on which leave is being sought, as well as the reasons which in the view of the appellant mean that such grounds exist.

The Supreme Court

Updated on 29 December 2010

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