[F1PART 52E+WAPPEALS

Textual Amendments

Modifications etc. (not altering text)

C2Pt. 52 applied (with modifications) (24.2.2003) by S.I. 1987/2024, rule 60(10) (as substituted by The Non-Contentious Probate (Amendment) Rules 2003 (S.I. 2003/185), rules 1, 5 (with rule 3))

I GENERAL RULES ABOUT APPEALSE+W

Scope and interpretationE+W

52.1—(1) The rules in this Part apply to appeals to—

(a)the civil division of the Court of Appeal;

(b)the High Court; and

(c)a county court.

[F2(2) This Part does not apply to an appeal in detailed assessment proceedings against a decision of an authorised court officer.]

F3...

(Rules 47.21 to 47.26 deal with appeals against a decision of an authorised court officer in detailed assessment proceedings)

(3) In this Part—

(a)“appeal” includes an appeal by way of case stated;

(b)“appeal court” means the court to which an appeal is made;

(c)“lower court” means the court, tribunal or other person or body from whose decision an appeal is brought;

(d)“appellant” means a person who brings or seeks to bring an appeal;

(e)“respondent” means—

(i)a person other than the appellant who was a party to the proceedings in the lower court and who is affected by the appeal; and

(ii)a person who is permitted by the appeal court to be a party to the appeal; and

(f)“appeal notice” means an appellant’s or respondent’s notice.

(4) This Part is subject to any rule, enactment or practice direction which sets out special provisions with regard to any particular category of appeal.

Textual Amendments

Parties to comply with the practice directionE+W

52.2  All parties to an appeal must comply with the relevant practice direction.

PermissionE+W

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) 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.

(5) A request under paragraph (4) must be filed within seven days after service of the notice that permission has been refused.

(6) Permission to appeal will only be given 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)

Appellant’s noticeE+W

52.4—(1) Where the appellant seeks permission from the appeal court it must be requested in the appellant’s notice.

(2) The appellant must file the appellant’s notice at the appeal court within—

(a)such period as may be directed by the lower court; or

(b)where the court makes no such direction, 14 days after the date of the decision of the lower court that the appellant wishes to appeal.

(3) Unless the appeal court orders otherwise, an appeal notice must be served on each respondent—

(a)as soon as practicable; and

(b)in any event not later than 7 days,

after it is filed.

Respondent’s noticeE+W

52.5—(1) A respondent may file and serve a respondent’s notice.

(2) A respondent who—

(a)is seeking permission to appeal from the appeal court; or

(b)wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court,

must file a respondent’s notice.

(3) Where the respondent seeks permission from the appeal court it must be requested in the respondent’s notice.

(4) A respondent’s notice must be filed within—

(a)such period as may be directed by the lower court; or

(b)where the court makes no such direction, 14 days after the date in paragraph (5).

(5) The date referred to in paragraph (4) is—

(a)the date the respondent is served with the appellant’s notice where—

(i)permission to appeal was given by the lower court; or

(ii)permission to appeal is not required;

(b)the date the respondent is served with notification that the appeal court has given the appellant permission to appeal; or

(c)the date the respondent is served with notification that the application for permission to appeal and the appeal itself are to be heard together.

(6) Unless the appeal court orders otherwise a respondent’s notice must be served on the appellant and any other respondent—

(a)as soon as practicable; and

(b)in any event not later than 7 days,

after it is filed.

Variation of timeE+W

52.6—(1) An application to vary the time limit for filing an appeal notice must be made to the appeal court.

(2) The parties may not agree to extend any date or time limit set by—

(a)these Rules;

(b)the relevant practice direction; or

(c)an order of the appeal court or the lower court.

(Rule 3.1(2)(a) provides that the court may extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired))

(Rule 3.1(2)(b) provides that the court may adjourn or bring forward a hearing)

Stay(gl)E+W

52.7  Unless—

(a)the appeal court or the lower court orders otherwise; or

(b)the appeal is from the Immigration Appeal Tribunal,

an appeal shall not operate as a stay of any order or decision of the lower court.

Amendment of appeal noticeE+W

52.8  An appeal notice may not be amended without the permission of the appeal court.

Striking out (gl) appeal notices and setting aside or imposing conditions on permission to appealE+W

52.9—(1) The appeal court may—

(a)strike out the whole or part of an appeal notice;

(b)set aside(gl) permission to appeal in whole or in part;

(c)impose or vary conditions upon which an appeal may be brought.

(2) The court will only exercise its powers under paragraph (1) where there is a compelling reason for doing so.

(3) Where a party was present at the hearing at which permission was given he may not subsequently apply for an order that the court exercise its powers under sub-paragraphs (1)(b) or (1)(c).

Appeal court’s powersE+W

52.10—(1) In relation to an appeal the appeal court has all the powers of the lower court.

(Rule 52.1(4) provides that this Part is subject to any enactment that sets out special provisions with regard to any particular category of appeal—where such an enactment gives a statutory power to a tribunal, person or other body it may be the case that the appeal court may not exercise that power on an appeal)

(2) The appeal court has power to—

(a)affirm, set aside or vary any order or judgment made or given by the lower court;

(b)refer any claim or issue for determination by the lower court;

(c)order a new trial or hearing;

(d)make orders for the payment of interest;

(e)make a costs order.

(3) In an appeal from a claim tried with a jury the Court of Appeal may, instead of ordering a new trial—

(a)make an order for damages(gl) or

(b)vary an award of damages made by the jury.

(4) The appeal court may exercise its powers in relation to the whole or part of an order of the lower court.

(Part 3 contains general rules about the court’s case management powers)

Hearing of appealsE+W

52.11—(1) Every appeal will be limited to a review of the decision of the lower court unless—

(a)a practice direction makes different provision for a particular category of appeal; or

(b)the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.

(2) Unless it orders otherwise, the appeal court will not receive—

(a)oral evidence; or

(b)evidence which was not before the lower court.

(3) The appeal court will allow an appeal where the decision of the lower court was—

(a)wrong; or

(b)unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

(4) The appeal court may draw any inference of fact which it considers justified on the evidence.

(5) At the hearing of the appeal a party may not rely on a matter not contained in his appeal notice unless the appeal court gives permission.

Non-disclosure of Part 36 offers and paymentsE+W

52.12—[F4(1) The fact that a Part 36 offer or Part 36 payment has been made must not be disclosed to any judge of the appeal court who is to hear or determine—

(a)an application for permission to appeal; or

(b)an appeal,

until all questions (other than costs) have been determined.]

(2) Paragraph (1) does not apply if the Part 36 offer or Part 36 payment is relevant to the substance of the appeal.

(3) Paragraph (1) does not prevent disclosure in any application in the appeal proceedings if disclosure of the fact that a Part 36 offer or Part 36 payment has been made is properly relevant to the matter to be decided.]

Textual Amendments