5. Can the plaintiff or the defendant appeal against an order made on an interlocutory application?

5. Can the plaintiff or the defendant appeal against an order made on an interlocutory application?

Generally yes, but the procedure varies as follow.

If a party is not satisfied with the decision of a master

Generally speaking, if a party is not satisfied with the decision of a master, he may appeal against it to a judge in chambers (i.e. not in open court) within 14 days after the decision.

For the preparation of an appeal to be heard by a judge in chambers, please refer to Practice Direction 5.4 (Preparation of Interlocutory Summonses and Appeals to Judge in Chambers for Hearing).

If a party is not satisfied with the decision of a judge

For cases in the District Court , if a party is not satisfied with the decision of a judge, he may, within 14 days from the date of the judge's decision, apply to the judge for leave (permission) to appeal to the Court of Appeal of the High Court. If the judge refuses to grant leave to appeal, the party may apply, within 14 days from the date of the judge's refusal, to the Court of Appeal for leave to appeal. The Court of Appeal may grant leave on such terms as to costs, giving security for the prosecution of the appeal, etc as it thinks fit.

For cases in the Court of First Instance of the High Court, an appeal goes to the Court of Appeal and leave is required (except for appeals against interlocutory orders determining in a summary way the substantive rights of a party to an action such as a summary judgment or a striking out order). Leave should as far as practicable be sought first from the judge whose decision is being appealed within 14 days from the date of the decision.

If leave is not required or has been obtained, the appeal is brought by a motion and the notice of motion is referred to as a notice of appeal. If leave to appeal is granted, the time limit for appealing is 7 days starting from the date on which leave is granted. However, if leave to appeal is not required, the time limit for appealing is 28 days starting from the date of the decision in question.

After hearing the arguments, the Court of Appeal will pass a judgment either on the spot or at a later date. The losing party will normally be ordered to pay the winning party's legal costs incurred during the appeal (and possibly, the costs for the previous court hearings).

It should be noted that comprehensive directions for the conduct of the civil business of the Court of Appeal are provided in Practice Direction 4.1 (Civil Appeals to the Court of Appeal).

The above appeal procedures are complicated and extra legal costs may be incurred. You should consult a lawyer before making such an appeal.