Small Claims Tribunals Act 1984 · 2020 Revised Edition · Part 3 · Appeal
38. Appeal on point of law
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Parties may appeal tribunal orders to the high court on a point of law or if the claim was outside the tribunal's powers. Appeals need permission from a district court. If these grounds are not met, the district court may send the matter back or order a new hearing by another tribunal. These district court orders are final.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Last amended by an amending law of 2021. 4 amendments in all.
Any party to proceedings before a tribunal may appeal to the General Division of the High Court against an order made by the tribunal under section 35(1) —
party
“party” means a claimant or respondent and any person joined as a third party;
on any ground involving a question of law; or
on the ground that the claim was outside the jurisdiction of the tribunal.
An appeal lies to the General Division of the High Court under this section only if permission to appeal is given by the District Court.
Where a proposed appeal against an order made by a tribunal does not satisfy subsection (1)(a) or (b), a District Court may, in addition to refusing permission under subsection (2) and subject to such directions as the District Court thinks fit —
tribunal
“tribunal” means a Small Claims Tribunal constituted under section 4 of the State Courts Act 1970;
order that the matter be remitted to that tribunal for its reconsideration; or
order a rehearing of the matter by a different tribunal.
Any order of a District Court under subsection (2) or (3) is final and is not subject to an appeal.