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Change 1
As published
81 Powers of Court of Appeal on appeal from county court.
(1) On the hearing of an appeal, the Court of Appeal may draw any inference of fact and either—
(a) order a new trial on such terms as the court thinks just; or
(b) order judgment to be entered for any party; or
(c) make a final or other order on such terms as the court thinks proper to ensure the determination on the merits of the real question in controversy between the parties.
(2) Subject to Civil Procedure Rules, on any appeal from the county court the Court of Appeal may reverse or vary, in favour of a party seeking to support the judgment or order of the county court in whole or in part, any determinations made in the county court on questions of fact, notwithstanding that the appeal is an appeal on a point of law only, or any such determinations on points of law, notwithstanding that the appeal is an appeal on a question of fact only.
(3) Subsection (2) shall not enable the Court of Appeal to reverse or vary any determination, unless the party dissatisfied with the determination would have been entitled to appeal in respect of it if aggrieved by the judgment or order.
Your change, as a redline
81 Powers of Court of Appeal on appeal from county court.
(1) On the hearing of an appeal, the Court of Appeal may draw any inference of fact and either—
(a) order a new trial on such terms as the court thinks just; or
(b) order judgment to be entered for any party; or
(c) make a final or other order on such terms as the court thinks proper to ensure the determination on the merits of the real question in controversy between the parties.
(2) Subject to Civil Procedure Rules, on any appeal from the county court the Court of Appeal may reverse or vary, in favour of a party seeking to support the judgment or order of the county court in whole or in part, any determinations made in the county court on questions of fact, notwithstanding that the appeal is an appeal on a point of law only, or any such determinations on points of law, notwithstanding that the appeal is an appeal on a question of fact only.
(3) Subsection (2) shall not enable the Court of Appeal to reverse or vary any determination, unless the party dissatisfied with the determination would have been entitled to appeal in respect of it if aggrieved by the judgment or order.
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