Principle

APPELLATE PRACTICE — Right of Appeal — New Issues on Appeal — Issues Arising from Lower Court’s Decision — Leave Not Required

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Points arising from the decision of the lower appellate court itself can be raised without leave. The error is in the decision being appealed. The principle is an exception to the rule that fresh issues require leave. The constitutional right of appeal covers errors in…

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