F1[F2[F3SECTION 3E+WAPPEALS IN RELATION TO DESIGNATIONS UNDER THE 2010 ACT
Textual Amendments
F1Original 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)
F2Pt. 79 inserted (4.12.2008) by The Civil Procedure (Amendment No.2) Rules 2008 (S.I. 2008/3085), rule 1, Sch.
F3Pt. 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 SectionE+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 [F4Practice Directions 52A to 52E) apply], but the parties are not required to comply with [F5paragraphs 5.1 to 5.3 of Practice Direction 52A and paragraphs 6.3 to 6.6 of Practice Direction 52B].
Textual Amendments
F4Words in rule 79.14B(2) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 14(a)
F5Words in rule 79.14B(2) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 14(b)
Appellant’s noticeE+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 [F6appeal].
(Practice Direction 52 contains details about the filing and service of the appellant’s notice for statutory appeals.)
Textual Amendments
F6Word 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 AppealE+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.]]