Contributed By Linklaters
Ordinary appellate procedures are generally de novo, which means that the court before which such procedures are brought has the power to review the case fully in fact and in law. The appellate court is not bound by the facts established in the first instance judgment that is under review, and may indeed also require additional evidence. The parties are also allowed to raise new arguments. They may even extend the original claim or modify the legal basis of the claim (also, a counterclaim may be filed for the first time at the appellate level), provided that it is based on facts that are recited in the original writ of summons.