The Civil Procedure (Amendment No.2) Rules 2012

Amendments to the Civil Procedure Rules 1998

8.  In Part 52—

(a) In rule 52.2, in both the heading and the rule itself, for “Practice Direction 52” substitute “Practice Directions 52A to 52E”;

(b) in rule 52.3, for paragraph (4A) substitute—

“(4A) (a) Where a judge of the Court of Appeal or of the High Court, a Designated Civil Judge or a Specialist Circuit Judge refuses permission to appeal without a hearing and considers that the application is totally without merit, the judge may make an order that the person seeking permission may not request the decision to be reconsidered at a hearing.

(b) For the purposes of subparagraph (a) “Specialist Circuit Judge” means a Patents County Court judge and any circuit judge in any county court nominated to hear cases in the Mercantile, Chancery or Technology and Construction Court lists.”; and

(c) in rule 52.15—

(i) after paragraph (1), insert—

“(1A) Where permission to apply for judicial review of a decision of the Upper Tribunal has been refused by the High Court—

(a) the applicant may apply to the Court of Appeal for permission to appeal;

(b) the application will be determined on paper without an oral hearing.”; and

(ii) in paragraph (2), for “paragraph (1)”, insert “paragraphs (1) or (1A)”.