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PART 11Court procedure and practice

CHAPTER 6Appeals in SMCL administration proceedings

Appeals and reviews of SMCL administration orders

132.—(1) A court which has jurisdiction in relation to SMCL administration proceedings may review, rescind or vary any order made by it in the exercise of that jurisdiction.

(2) An appeal made in the exercise of the court’s jurisdiction in relation to SMCL administration proceedings lies —

(a)from a decision of an Insolvency and Companies Court Judge or district judge of the High Court, to a High Court Judge; and

(b)from a decision of a High Court Judge, to the Civil Division of the Court of Appeal.

(3) In this Rule, “Civil Division of the Court of Appeal” means the division of the Court of Appeal established by section 3(1) of the Senior Courts Act 1981(1).

Procedure on appeal

133.—(1) An appeal against a decision at first instance may only be brought with either the permission of the court which made the decision or the permission of the court which has jurisdiction to hear the appeal.

(2) An appellant must file an appellant’s notice (within the meaning of CPR Part 52(2)) within 21 days after the date of the decision of the court that the appellant wishes to appeal.

(3) The procedure set out in CPR Part 52 applies to any appeal to which this Chapter applies.

(1)

1981 c.54. Section 3 has been amended but no amendments are relevant to this instrument.

(2)

Part 52 was substituted for a new Part 52 by S.I. 2016/788. It was amended by S.I. 2017/95, S.I. 2017/889 and S.I. 2020/82.