On 8th September 2015, the amendments to the Thailand Civil Procedure Code (27th Edition) B.E. 2558 was published in the Royal Thai Government Gazette (“Amendments”). The Amendments shall be effective 60 days after its publication (being on 7th November 2015).
We can summarise the Amendments as follows:-
- Judgment of the Court of Appeal shall be final
The Amendments make the Court of Appeal the final appellate court.
Previously, it was possible to appeal a decision to the Supreme Court. Now this can only be done with the discretionary approval of the Supreme Court and not otherwise as a right of the appellant.
- Special Circumstances where Appeal to Supreme Court is Permitted
After the Court of Appeal has rendered its judgment, the appeal cannot be submitted to the Supreme Court for its consideration unless there is an approval of the Supreme Court.
Formerly, the related parties are entitled to appeal the case to the Supreme Court for its consideration without any prior approval, provide that the appeal was complied with conditions prescribed by laws.
The petition for the approval to appeal the case to the Supreme Court shall be submitted to the Court of First Instance together with the appeal against the judgment of the Court of Appeal (the “Dika Appeal”) within one month after the judgment of the Court of Appeal has been read.
The President of Supreme Court shall appoint the Panel of Judge to consider the petition for the approval to appeal (the “Panel of Judge”). The Panel of Judge shall be comprised with the Vice-President of Supreme Court and at least 3 Judges of Supreme Court.
- Condition for Appeal to the Supreme Court
The Panel of Judge shall allow only significant cases, in its discretion, to be considered by the Supreme Court.
However, the Amendment prescribes that the following cases are significant where:-
- the case involves the public interest or public order;
- the decision of the Court of Appeal conflicts with the precedent judgments;
- the decision of the Court of Appeal is not supported by precedent;
- the decision of the Court of Appeal conflicts with the decision of other courts;
- The involvement of the Supreme Court would assist with developing legal interpretation; and
- Other cases pursuant to the discretion of the President of Supreme Court.
- Cancellation of the direct appeal of legal issues to the Supreme Court.
In order to comply with the new appeal system, the direct right of appeal of legal issues to the Supreme Court is cancelled.
We trust the above is of assistance to you.
Should you have any queries about these Amendments or your other queries on Thai laws, please do not hesitate to contact us.