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[F1PART 52E+WAPPEALS

Textual Amendments

Modifications etc. (not altering text)

SECTION IVE+WAdditional rules

Appellant’s noticeE+W

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 [F2at 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 specific provision about time limits in rules 52.8 to 52.11 and Practice Direction 52D, 21 days after the date of the decision of the lower court which the appellant wishes to appeal.

(3) Subject to paragraph (4) and unless the appeal court orders otherwise, an appellant’s notice must be served on each respondent—

(a)as soon as practicable; and

(b)in any event not later than 7 days,

after it is filed.

(4) Where an appellant seeks permission to appeal against a decision to refuse to grant an interim injunction under section 41 of the Policing and Crime Act 2009, the appellant is not required to serve the appellant’s notice on the respondent.

Textual Amendments

Respondent’s noticeE+W

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—

(a)such period as may be directed by the lower court [F3at the hearing at which the decision to be appealed was made or any adjournment of that hearing]; or

(b)where the court makes no such direction, 14 days after the date in paragraph (5).

(5) The date referred to in paragraph (4) is—

(a)the date the respondent is served with the appellant’s notice where—

(i)permission to appeal was given by the lower court; or

(ii)permission to appeal is not required;

(b)the date the respondent is served with notification that the appeal court has given the appellant permission to appeal; or

(c)the date the respondent is served with notification that the application for permission to appeal and the appeal itself are to be heard together.

(6) Unless the appeal court orders otherwise, a respondent’s notice must be served on the appellant and any other respondent—

(a)as soon as practicable; and

(b)in any event not later than 7 days,

after it is filed.

(7) This rule does not apply where rule 52.12(4) applies.

Textual Amendments

Transcripts at public expenseE+W

52.14.—(1) Subject to paragraph (2), the lower court or the appeal court may direct, on the [F4request] 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 [F5requesting party] qualifies for fee remission or is otherwise in such poor financial circumstances that the cost of obtaining a transcript would be an excessive burden; and

(b)it is necessary in the interests of justice for such a transcript to be obtained.

[F6(3) A request under paragraph (1) must be made on the approved form.]

Textual Amendments

Variation of timeE+W

52.15—(1) An application to vary the time limit for filing an appeal notice must be made to the appeal court.

(2) The parties may not agree to extend any date or time set by—

(a)these Rules;

(b)Practice Directions 52A to 52E; or

(c)an order of the appeal court or the lower court.

(Rule 3.1(2)(a) provides that the court may extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired).)

(Rule 3.1(2)(b) provides that the court may adjourn or bring forward a hearing.)

[F7Variation of time in certain contempt proceedingsE+W

52.15A.  A defendant in contempt proceedings may apply to extend the time set out at rule 52.3A(1)(a) and (b).]

Textual Amendments

F7Rule 52.15A inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(8)

Stay(GL)E+W

52.16.  Unless—

(a)the appeal court or the lower court orders otherwise; or

(b)the appeal is from the Immigration and Asylum Chamber of the Upper Tribunal,

an appeal shall not operate as a stay of any order or decision of the lower court.

Amendment of appeal noticeE+W

52.17.  An appeal notice may not be amended without the permission of the appeal court.

Striking out(GL) appeal notices and setting aside(GL) or imposing conditions on permission to appealE+W

52.18.—(1) The appeal court may—

(a)strike out the whole or part of an appeal notice;

(b)set aside permission to appeal in whole or in part;

(c)impose or vary conditions upon which an appeal may be brought.

(2) The court will only exercise its powers under paragraph (1) where there is a compelling reason for doing so.

(3) Where a party was present at the hearing at which permission was given, that party may not subsequently apply for an order that the court exercise its powers under sub-paragraphs (1)(b) or (1)(c).

Orders to limit the recoverable costs of an appeal [F8– general] E+W

52.19.—(1) [F9Subject to rule 52.19A, in] any proceedings in which costs recovery is normally limited or excluded at first instance, an appeal court may make an order that the recoverable costs of an appeal will be limited to the extent which the court specifies.

(2) In making such an order the court will have regard to—

(a)the means of both parties;

(b)all the circumstances of the case; and

(c)the need to facilitate access to justice.

(3) If the appeal raises an issue of principle or practice upon which substantial sums may turn, it may not be appropriate to make an order under paragraph (1).

(4) An application for such an order must be made as soon as practicable and will be determined without a hearing unless the court orders otherwise.

Textual Amendments

[F10Orders to limit the recoverable costs of an appeal – appeals in Aarhus Convention claimsE+W

52.19A.—(1) In this rule, “Aarhus Convention claim” and “prohibitively expensive” have the same meanings as in [F11Section IX of Part 46], and “claimant” means a claimant to whom rules [F1246.26 to 46.28] apply.

(2) In an appeal against a decision made in an Aarhus Convention claim to which rules [F1346.26 to 46.28] apply, the court must—

(a)consider whether the costs of the proceedings will be prohibitively expensive for a party who was a claimant; and

(b)if they will be, make an order limiting the recoverable costs to the extent necessary to prevent this.

(3) When the court considers the financial resources of a party for the purposes of this rule, it must have regard to any financial support which any person has provided or is likely to provide to that party.]

Textual Amendments

Appeal court’s powersE+W

52.20.—(1) In relation to an appeal the appeal court has all the powers of the lower court.

(Rule 52.1(4) provides that this Part is subject to any enactment that sets out special provisions with regard to any particular category of appeal. Where such an enactment gives a statutory power to a tribunal, person or other body, it may be the case that the appeal court may not exercise that power on an appeal.)

(2) The appeal court has power to—

(a)affirm, set aside or vary any order or judgment made or given by the lower court;

(b)refer any claim or issue for determination by the lower court;

(c)order a new trial or hearing;

(d)make orders for the payment of interest;

(e)make a costs order.

(3) In an appeal from a claim tried with a jury the Court of Appeal may, instead of ordering a new trial—

(a)make an order for damages; or

(b)vary an award of damages made by the jury.

(4) The appeal court may exercise its powers in relation to the whole or part of an order of the lower court.

(Part 3 contains general rules about the court’s case management powers.)

(5) If the appeal court—

(a)refuses an application for permission to appeal;

(b)strikes out an appellant’s notice; or

(c)dismisses an appeal,

and it considers that the application, the appellant’s notice or the appeal is totally without merit, the provisions of paragraph (6) must be complied with.

(6) Where paragraph (5) applies—

(a)the court’s order must record the fact that it considers the application, the appellant’s notice or the appeal to be totally without merit; and

(b)the court must at the same time consider whether it is appropriate to make a civil restraint order.

Hearing of appealsE+W

52.21.—(1) Every appeal will be limited to a review of the decision of the lower court unless—

(a)a practice direction makes different provision for a particular category of appeal; or

(b)the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.

(2) Unless it orders otherwise, the appeal court will not receive—

(a)oral evidence; or

(b)evidence which was not before the lower court.

(3) The appeal court will allow an appeal where the decision of the lower court was—

(a)wrong; or

(b)unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

(4) The appeal court may draw any inference of fact which it considers justified on the evidence.

(5) At the hearing of the appeal, a party may not rely on a matter not contained in that party’s appeal notice unless the court gives permission.

Non-disclosure of Part 36 offers and paymentsE+W

52.22.—(1) [F14Unless the appeal court otherwise orders, the] fact that a Part 36 offer or payment into court has been made must not be disclosed to any judge of the appeal court who is to hear or determine—

(a)an application for permission to appeal; or

(b)an appeal,

until all questions (other than costs) have been determined.

(2) Paragraph (1) does not apply if the Part 36 offer or payment into court is relevant to the substance of the appeal.

(3) Paragraph (1) does not prevent disclosure in any application in the appeal proceedings if disclosure of the fact that a Part 36 offer or payment into court has been made is properly relevant to the matter to be decided.

(Rule 36.4 has the effect that a Part 36 offer made in proceedings at first instance will not have consequences in any appeal proceedings. Therefore, a fresh Part 36 offer needs to be made in appeal proceedings. However, this rule applies to a Part 36 offer whether made in the original proceedings or in the appeal.)]

Textual Amendments