- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (31/08/2009)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 06/04/2010
Point in time view as at 31/08/2009. This version of this provision has been superseded.
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There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Section 52.3.
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52.3—(1) An appellant or respondent requires permission to appeal—
(a)where the appeal is from a decision of a judge in a county court or the High 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(1); or
(b)as provided by the relevant practice direction.
(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; or
(b)to the appeal court in an appeal notice.
(Rule 52.4 sets out the time limits for filing an appellant’s notice at the appeal court. Rule 52.5 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 52.4(1) and 52.5(3))
(Rule 52.13(1) provides that permission is required from the Court of Appeal for all appeals to that court from a decision of a county court or the High Court which was itself made on appeal)
(3) Where the lower court refuses an application for permission to appeal, a further application for permission to appeal may be made to the appeal court.
(4) [F2Subject to paragraph (4A), where] the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at a hearing.
[F3(4A) Where the Court of Appeal refuses permission to appeal without a hearing, it may, if it considers that the application is totally without merit, make an order that the person seeking permission may not request the decision to be reconsidered at a hearing. F4...
F5...
(4B) °Rule 3.3(5) will not apply to an order that the person seeking permission may not request the decision to be reconsidered at a hearing made under paragraph (4A).]
(5) A request under paragraph (4) must be filed within seven days after service of the notice that permission has been refused.
(6) [F6Permission 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 why the appeal should be heard.
(7) An order giving permission 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)]
Textual Amendments
F1Pt. 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)
F2Words in rule 52.3(4) substituted (2.10.2006) by The Civil Procedure (Amendment) Rules 2006 (S.I. 2006/1689), rules 1, 7(1)(a)
F3Rule 52.3(4A)(4B) inserted (2.10.2006) by The Civil Procedure (Amendment) Rules 2006 (S.I. 2006/1689), rules 1, 7(1)(b)
F4Words in rule 52.3(4A) omitted (1.10.2008) by virtue of The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 26(a) (with rule 44)
F5Words in rule 52.3 omitted (1.10.2008) by virtue of The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 26(b) (with rule 44)
F6Words in rule 52.3(6) substituted (6.4.2006) by The Civil Procedure (Amendment No.4) Rules 2005 (S.I. 2005/3515), rules 1, 11(b)
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