The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 52 E+W APPEALS

Textual Amendments

F1 Pt. 52 inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 5 (with rule 39(a)) (as amended by S.I. 2000/940, rules 1, 2)

Modifications etc. (not altering text)

C1 Pt. 52 applied (24.2.2003) by S.I. 1991/1247, rule 10.27(4) (as inserted by The Family Proceedings (Amendment) Rules 2003 (S.I. 2003/184), rules 1(1), 16)

C2 Pt. 52 applied (with modifications) (24.2.2003) by S.I. 1987/2024, rule 60(10) (as substituted by The Non-Contentious Probate (Amendment) Rules 2003 (S.I. 2003/185), rules 1, 5 (with rule 3))

C3 Pt. 52 applied (24.2.2003) by S.I. 1984/265, rule 51(5)(6) (as inserted by The Adoption (Amendment) Rules 2003 (S.I. 2003/183), rules 1(a), 18(b))

[F2 Section III—Provisions about reopening appeals E+W

Textual Amendments

F2 Pt. 52 Section 3 inserted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 14

Reopening of final appeals E+W

52.17— (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 a county court.

(4) Permission is needed to make an application under this rule to reopen a final determination of an appeal even in cases where under rule 52.3(1) permission was not needed for the original appeal.

(5) There is no right to an oral hearing of an application for permission unless, exceptionally, the judge so directs.

(6) The judge will not grant permission without directing the application to be served on the other party to the original appeal and giving him an opportunity to make representations.

(7) There is no right of appeal or review from the decision of the judge on the application for permission, which is final.

(8) The procedure for making an application for permission is set out in the practice direction.]]