(1) If, on the hearing of an appeal, it appears to the Court
of Appeal there ought to be a new trial, the Court of Appeal may set aside the
decision and order a new trial.
(2) Unless the Court of Appeal considers some
substantial wrong or miscarriage happened, a new trial may not be granted
merely because—
(a) evidence was improperly rejected or admitted; or
(b) if
the proceeding was tried with a jury—
(i) the jury was misdirected; or
(ii)
the verdict of the jury was not taken on a question that the judge at the
trial was not asked to leave to the jury.
(3) A new trial may be ordered for
a part of a decision without interfering with another part of the decision.
(4) The Court of Appeal may, in the order granting a new trial, give all
necessary directions for the further conduct of the proceeding.
