(1)  A claimant may appeal to the Supreme Court against –

(a) a decision of the Trust to wholly or partly disallow a claim; or

(b) a decision of the Trust to reduce the amount allowed in respect of a claim –

but an appeal does not lie against a decision of the Trust to limit the amount payable, or to decline to pay an amount, under the capping and sufficiency provisions of this jurisdiction.

(2)  An appeal against a decision must be lodged within 30 days of receiving the information notice about the decision.

(3)  On an appeal under this section –

(a) the appellant must establish that the whole or part of the amount sought to be recovered from the Guarantee Fund is not reasonably available from other sources, unless the Trust waives that requirement; and

(b) the Supreme Court may, on application by the Trust, stay the appeal pending further action being taken to seek recovery of the whole or part of that amount from other sources.

(4)  The Supreme Court may review the merits of the Trust’s decision.

(5)  The Supreme Court may –

(a) affirm the decision; or

(b) if satisfied that the reasons for varying or setting aside the Trust’s decision are sufficiently cogent to warrant doing so –

(i) vary the decision; or

(ii) set aside the decision and make a decision in substitution for the decision set aside; or

(iii) set aside the decision and remit the matter for reconsideration by the Trust in accordance with any directions or recommendations of the Court –

and may make other orders as it thinks fit.

(6)  No order for costs is to be made on an appeal under this section unless the Supreme Court is satisfied that an order for costs should be made in the interests of justice.