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Dec 23, 2020 · The decision by the Court of Appeal to refuse permission to appeal, by consideration of the papers and without an oral hearing, is regarded as a final appeal. CPR 52.30 deals with the re-opening of final appeals and for the sake of completeness I set out that rule here: “ (1) The Court of Appeal or the High Court will not reopen a final ...
- I Scope and Interpretation
- II Permission to Appeal – General
- Permission to Appeal in Certain Contempt Proceedings
- IV Additional Rules
- Variation of Time in Certain Contempt Proceedings
- V Special Provisions Relating to The Court of Appeal
- Vi Special Provisions Relating to Statutory Appeals
- VII Reopening Final Appeals
- Footnotes
Scope and interpretation
52.1 (1) The rules in this Part apply to— (a) appeals to the civil division of the Court of Appeal; (b) appeals to the High Court; (c) appeals to the County Court; (d) applications made in the High Court or the Court of Appeal for permission to appeal to the Supreme Court in contempt proceedings; and (e) applications made in the Court of Appeal for permission to appeal to the Supreme Court in proceedings other than contempt proceedings (2) This Part does not apply to an appeal in detailed ass...
Parties to comply with Practice Directions 52A to 52E
52.2All parties to an appeal must comply with Practice Directions 52A to 52E.
Permission to appeal
52.3 (1) An appellant or respondent requires permission to appeal— (a) where the appeal is from a decision of a judge in the County Court or the High Court, or to the Court of Appeal from a decision of a judge in the family court, except where the appeal is against— (i) a committal order made in the County Court or by a single judge of the High Court not sitting on an appeal; (ii) a refusal to grant habeas corpus; (iii) a secure accommodation order made under section 25 of the Children Act 19...
52.3A (1) Where the appeal is one to which rule 52.3(1)(c)(i), (ii) or (iii) applies— (a) an application for permission to appeal must be made to the Divisional Court or the single judge of the High Court or the Court of Appeal (as the case may be); and (b) the application must be made within 28 days of the date on which that Court provides reasons...
Appellant’s notice
52.12 (1) Where the appellant seeks permission from the appeal court, it must be requested in the appellant’s notice. (2) The appellant must file the appellant’s notice at the appeal court within— (a) such period as may be directed by the lower court at the hearing at which the decision to be appealed was made or any adjournment of that hearing (which may be longer or shorter than the period referred to in sub-paragraph (b)); or (b) where the court makes no such direction, and subject to the...
Respondent’s notice
52.13 (1) A respondent may file and serve a respondent’s notice. (2) A respondent who— (a) is seeking permission to appeal from the appeal court; or (b) wishes to ask the appeal court to uphold the decision of the lower court for reasons different from or additional to those given by the lower court, must file a respondent’s notice. (3) Where the respondent seeks permission from the appeal court it must be requested in the respondent’s notice. (4) A respondent’s notice must be filed within— (...
Transcripts at public expense
52.14 (1) Subject to paragraph (2), the lower court or the appeal court may direct, on the request of a party to the proceedings, that an official transcript of the judgment of the lower court, or of any part of the evidence or the proceedings in the lower court, be obtained at public expense for the purposes of an appeal. (2) Before making a direction under paragraph (1), the court must be satisfied that— (a) the requesting party qualifies for fee remission or is otherwise in such poor finan...
52.15AA defendant in contempt proceedings may apply to extend the time set out at rule 52.3A(1)(a) and (b)
Assignment of appeals to the Court of Appeal
52.23 (1) Where the court from or to which an appeal is made or from which permission to appeal is sought (“the relevant court”) considers that— (a) an appeal which is to be heard by the County Court or the High Court would raise an important point of principle or practice; or (b) there is some other compelling reason for the Court of Appeal to hear it, the relevant court may order the appeal to be transferred to the Court of Appeal. (The Master of the Rolls has the separate statutory power t...
Who may exercise the powers of the Court of Appeal
52.24 (1) A court officer assigned to the Civil Appeals Office who is— (a) a barrister; or (b) a solicitor; or (c) a Fellow of the Chartered Institute of Legal Executives or a CILEX lawyer, may exercise the jurisdiction of the Court of Appeal with regard to the matters set out in paragraph (2) with the consent of the Master of the Rolls. (2) The matters referred to in paragraph (1) are— (a) any matter incidental to proceedings in the Court of Appeal; (b) any other matter where there is no sub...
Statutory appeals – court’s power to hear any person
52.25 (1) In a statutory appeal any person may apply for permission— (a) to file evidence; or (b) to make representations at the appeal hearing. (2) An application under paragraph (1) must be made promptly.
Appeals under the Law of Property Act 1922
52.26 An appeal lies to the High Court against a decision of the Secretary of State under paragraph 16 of Schedule 15 to the Law of Property Act 19227.
Appeals from certain tribunals
52.27 (1) A person who was a party to proceedings before a tribunal referred to in section 11(1) of the Tribunals and Inquiries Act 19928and is dissatisfied in point of law with the decision of the tribunal may appeal to the High Court. (2) The tribunal may, on its own initiative or at the request of a party to the proceedings before it, state, in the form of a special case for the decision of the High Court, a question of law arising in the course of the proceedings.
Reopening of final appeals
52.30 (1) The Court of Appeal or the High Court will not reopen a final determination of any appeal unless— (a) it is necessary to do so in order to avoid real injustice; (b) the circumstances are exceptional and make it appropriate to reopen the appeal; and (c) there is no alternative effective remedy. (2) In paragraphs (1), (3), (4) and (6), “appeal” includes an application for permission to appeal. (3) This rule does not apply to appeals to the County Court. (4) Permission is needed to mak...
1989 c.41. Back to textS.I. 1993/2854. Rule 3 was substituted by S.I. 2001/1128, rule 3; paragraph (7) was substituted by S.I. 2004/2526, rule 4(7) and amended by S.I. 2013/1693, rule 3(a); paragraph (7ZA) was inserted b...2009 c. 26. Back to text1999 c. 22. Section 57(1) was amended by section 40(4) of and paragraph 68 of Schedule 9 to the Constitutional Reform Act 2005 (c. 4). Back to textApr 30, 2024 · The date by which you must file your appeal will usually be given on the order you received giving you permission to appeal. If no date is set, you must file your appellant’s notice within 21 ...
- This guide will help you if you want to appeal against a court decision in civil and family appeals. It will tell you: what to consider before you...
- You cannot appeal against the lower court’s decision just because you think the judge ‘got it wrong’. You can only appeal if you have proper legal...
- This depends on the court and the level of the judge who made the decision in your case and the type of order they made, as outlined below.Civil ca...
- Once you have filed an appellant’s notice, the court will send copies of all the documents you have filed to the respondent. If you want to send co...
- The following tables set out the venues where an appeal lies to a High Court judge from the decision of a County Court or a district judge of the H...
- For general information about solving legal disputes, visit www.gov.uk/browse/justice/courts-sentencing-tribunalsYou can also get free legal advice...
Apr 6, 2024 · Respondent’s notice. 8. (1) A respondent who seeks to appeal against any part of the order made by the court below must file an appeal notice. (2) A respondent who seeks a variation of the order of the lower court must file an appeal notice and must obtain permission to appeal.
The Court confirmed that where a party seeks to re-open a permission decision, the Court would need to be satisfied that (i) the grounds of appeal had not been sufficiently confronted and dealt with, to the extent that the process had been critically undermined; and (ii) there is a powerful probability that permission to appeal would have been granted if the judge had dealt adequately with the ...
application for permission to appealIf your appellant’s notice contains an application for permission to appeal, the bundle and supporting. cuments will be passed to a judge. Generally, the judge will determine the application on the papers without an oral hearing and if so, you will be sent an orde.
People also ask
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What happens if the Upper Tribunal refuses permission to appeal?
Sep 16, 2024 · Refusal of permission to appeal by the appeal court Where an appeal court refuses permission to appeal to itself at an oral hearing, there is no further appeal against that decision to any court ...
