The Civil Procedure Rules 1998

[F1 SECTION II E+W Permission to appeal – General

Textual Amendments

F1 Pt. 52 substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rule 2, Sch. (with rule 16)

Permission to appeal E+W

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;

(ii) a refusal to grant habeas corpus; or

(iii) a secure accommodation order made under section 25 of the Children Act 1989 [F2 or section 119 of the Social Services and Well-being (Wales) Act 2014]; or

(b) as provided by Practice Directions 52A to 52E.

(Other enactments may provide that permission is required for particular appeals.)

(2) An application for permission to appeal may be made—

(a) to the lower court at the hearing at which the decision to be appealed was made [F3 or any adjournment of that hearing]; or

(b) to the appeal court in an appeal notice.

(Rule 52.12 sets out the time limits for filing an appellant’s notice at the appeal court. Rule 52.13 sets out the time limits for filing a respondent’s notice at the appeal court. Any application for permission to appeal to the appeal court must be made in the appeal notice (see rules 52.12(1) and 52.13(3)).)

(3) Where the lower court refuses an application for permission to appeal—

(a) a further application for permission may be made to the appeal court; and

(b) the order refusing permission must specify—

(i) the court to which any further application for permission should be made; and

(ii) the level of judge who should hear the application.

Textual Amendments

F2 Words in rule 52.3(1)(a)(iii) inserted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 6(a)

F3 Words in rule 52.3(2)(a) inserted (1.10.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(1), 9(1)

Determination of applications for permission to appeal to the County Court and High Court E+W

52.4.— (1) Where an application for permission to appeal is made to an appeal court other than the Court of Appeal, the appeal court will determine the application on paper without an oral hearing, [F4 unless the court otherwise directs, or] as provided for under paragraph (2).

(2) Subject to paragraph (3) and except where a rule or practice direction provides otherwise, where the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at an oral hearing.

(3) Where in the appeal court a judge of the High Court, a Designated Civil Judge or a Specialist Circuit Judge refuses permission to appeal without an oral hearing and considers that the application is totally without merit, the judge may make an order that the person seeking permission may not request the decision to be reconsidered at an oral hearing.

(4) For the purposes of paragraph (3), “Specialist Circuit Judge” means any Circuit Judge in the County Court nominated to hear cases in the [F5 Circuit Commercial], Chancery or Technology and Construction Court lists.

(5) Rule 3.3(5) (party able to apply to set aside, etc., a decision made of court’s own initiative) does not apply to an order made under paragraph (3) that the person seeking permission may not request the decision to be reconsidered at an oral hearing.

(6) A request under paragraph (2) must be filed within 7 days after service of the notice that permission has been refused.

Textual Amendments

F4 Words in rule 52.4(1) substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 6(b)(i)

F5 Words in rule 52.4(4) substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 6(b)(ii)

Determination of applications for permission to appeal to the Court of Appeal E+W

52.5.— (1) Where an application for permission to appeal is made to the Court of Appeal, the Court of Appeal will determine the application on paper without an oral hearing, except as provided for under paragraph (2).

(2) The judge considering the application on paper may direct that the application be determined at an oral hearing, and must so direct if the judge is of the opinion that the application cannot be fairly determined on paper without an oral hearing.

(3) An oral hearing directed under paragraph (2) must be listed—

(a) no later than 14 days from the date of the direction under that paragraph; and

(b) before the judge who made that direction,

unless the court directs otherwise.

(4) The Court of Appeal may, in any direction under paragraph (2)—

(a) identify any issue or issues on which the party seeking permission should specifically focus its submissions at the oral hearing in order to assist the court to determine the application; and

(b) direct the respondent to serve and file written submissions and to attend the oral hearing.

Permission to appeal test – first appeals E+W

52.6.— (1) Except where rule 52.7 applies, permission to appeal may be given only where—

(a) the court considers that the appeal would have a real prospect of success; or

(b) there is some other compelling reason for the appeal to be heard.

(2) An order giving permission under this rule or under rule 52.7 may—

(a) limit the issues to be heard; and

(b) be made subject to conditions.

(Rule 3.1(3) also provides that the court may make an order subject to conditions.)

(Rule 25.15 provides for the court to order security for costs of an appeal.)

Permission to appeal test – second appeals E+W

52.7.— (1) Permission is required from the Court of Appeal for any appeal to that court from a decision of the County Court, the family court or the High Court which was itself made on appeal, or a decision of the Upper Tribunal which was made on appeal from a decision of the First-tier Tribunal on a point of law where the Upper Tribunal has refused permission to appeal to the Court of Appeal.

(2) The Court of Appeal will not give permission unless it considers that—

(a) the appeal would—

(i) have a real prospect of success; and

(ii) raise an important point of principle or practice; or

(b) there is some other compelling reason for the Court of Appeal to hear it.]