Sunday, April 12, 2009

What is the quintessential difference in law between an appeal and revision ?

If a revision petition does not concern jurisdiction and shows no illegality or material irregularity, can it be dismissed on that ground alone? Any case law on the subject?


An Appeal is a petition to a higher court and can only succeed on the basis of an error of law or perversity arising out of the decision by the lower court.

If the Appeal succeeds, the appeal ruling takes precedence over the lower judgement.

A revision does not involve a higher court and is undertaken by the same court that gave the decision. It is not a substitute for an Appeal and therefore cannot invite the court to change it's mind.

Revisions usually arise where there is an obvious factual error within the judgement concerning calculations of damages, or names of parties or dates or the like.

An error of law, or material irregularity would give rise to an appeal, not a revision.

Revisions are usually in the the domain of tribunals and arbitrations, rather than the courts.

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