The Civil Procedure Rules 1998

F1 [F2 [F3 SECTION 3 E+W APPEALS IN RELATION TO DESIGNATIONS UNDER THE 2010 ACT

Textual Amendments

F1 Original Pt. 79 Section 3 heading omitted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(h)

F2 Pt. 79 inserted (4.12.2008) by The Civil Procedure (Amendment No.2) Rules 2008 (S.I. 2008/3085), rule 1, Sch.

F3 Pt. 79 Section 3 inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(i)

Scope of this Section E+W

79.14A.   This section applies to an appeal under section 26 of the 2010 Act (appeals to the court in relation to designations) in relation to designations and variations, revocation and renewal, of those designations.

Modification of Part 52 (appeals) E+W

79.14B.— (1) Part 52 (appeals) applies to an appeal under section 26 of the 2010 Act subject to—

(a) rule 79.2;

(b) Section 4 of this Part; and

(c) the modifications set out in paragraph (2).

(2) Rule 52.2 (parties to comply with Practice Direction 52) applies, but the parties are not required to comply with paragraphs 5.6, 5.6A, 5.7, 5.9 and 5.10 of that practice direction.

Appellant’s notice E+W

79.14C.— (1) The appellant’s notice must set out the details of—

(a) the interim or final designation;

(b) how the appellant is affected by the interim or final designation; and

(c) the grounds of the appeal.

(2) The appellant must file and serve the following documents with the appellant’s notice—

(a) a copy of the written notice of the interim or final designation; and

(b) any evidence, including witness statements in support of the [F4 appeal].

(Practice Direction 52 contains details about the filing and service of the appellant’s notice for statutory appeals.)

Textual Amendments

F4 Word in rule 79.14C(2)(b) substituted (1.9.2011) by The Civil Procedure (Amendment No.2) Rules 2011 (S.I. 2011/1979), rules 1(2), 5(a)

Appeals to the Court of Appeal E+W

79.14D.— (1) Part 52 (appeals) applies to an appeal to the Court of Appeal against an order of the High Court under this Section subject to—

(a) rule 79.2;

(b) Section 4 of this Part; and

(c) paragraph (2) of this rule.

(2) The appellant must serve a copy of the appellant’s notice on any special advocate.]]