The Civil Procedure Rules 1998

[F1 SECTION III E+W Permission to appeal – judicial review appeals, planning statutory review appeals and appeals from the Employment Appeal Tribunal

Textual Amendments

F1 Pt. 52 substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rule 2, Sch. (with rule 16)

Judicial review appeals from the High Court E+W

52.8.— (1) Where permission to apply for judicial review has been refused at a hearing in the High Court, an application for permission to appeal may be made to the Court of Appeal.

(2) Where permission to apply for judicial review of a decision of the Upper Tribunal has been refused by the High Court on the papers or where permission to apply for judicial review has been refused on the papers and recorded as being totally without merit in accordance with rule 23.12, an application for permission to appeal may be made to the Court of Appeal.

(3) An application under paragraph (1) must be made within 7 days of the decision of the High Court to refuse to give permission to apply for judicial review.

(4) An application under paragraph (2) must be made within 7 days of service of the order of the High Court refusing permission to apply for judicial review.

(5) On an application under paragraph (1) or (2), the Court of Appeal may, instead of giving permission to appeal, give permission to apply for judicial review.

(6) Where the Court of Appeal gives permission to apply for judicial review in accordance with paragraph (5), the case will proceed in the High Court unless the Court of Appeal orders otherwise.

Judicial review appeals from the Upper Tribunal E+W

52.9.— (1) Where permission to bring judicial review proceedings has been refused by the Upper Tribunal at a hearing and permission to appeal has been refused by the Upper Tribunal, an application for permission to appeal may be made to the Court of Appeal.

(2) Where an application for permission to bring judicial review proceedings has been determined by the Upper Tribunal on the papers and recorded as being totally without merit and permission to appeal has been refused by the Upper Tribunal, an application for permission to appeal may be made to the Court of Appeal.

(3) An application under this rule to the Court of Appeal must be made within 7 days of—

(a) the decision of the Upper Tribunal refusing permission to appeal to the Court of Appeal, where that decision was made at a hearing; or

(b) service of the order of the Upper Tribunal refusing permission to appeal to the Court of Appeal, where the decision to refuse permission was made on the papers.

Planning statutory review appeals E+W

52.10.— (1) Where permission to apply for a planning statutory review has been refused at a hearing in the High Court, an application for permission to appeal may be made to the Court of Appeal.

(See Part 8 and Practice Direction 8C.)

(2) Where permission to apply for a planning statutory review has been refused by the High Court on the papers and recorded as totally without merit in accordance with rule 23.12, an application for permission to appeal may be made to the Court of Appeal.

(3) An application under paragraph (1) must be made within 7 days of the decision of the High Court to refuse to give permission to apply for a planning statutory review.

(4) An application under paragraph (2) must be made within 7 days of service of the order of the High Court refusing permission to apply for a planning statutory review.

(5) On an application under paragraph (1) or (2) the Court of Appeal may, instead of giving permission to appeal, give permission to apply for a planning statutory review.

(6) Where the Court of Appeal gives permission to apply for a planning statutory review in accordance with paragraph (5), the case will proceed in the High Court unless the Court of Appeal orders otherwise.

Appeals from the Employment Appeal Tribunal E+W

52.11.— (1) Where on an appeal to the Employment Appeal Tribunal either—

(a) the appellant or special advocate has been given notice under rule 3(7) of the Employment Appeal Tribunal Rules 1993 (“the 1993 Rules”) and an order has been made under rule 3(7ZA) of those Rules; or

(b) a direction has been made under rule 3(10) of the 1993 Rules that no further action shall be taken on the notice of appeal,

the appellant may apply to the Court of Appeal for permission to appeal.

(2) An application under paragraph (1) must be made within 7 days of the date of—

(a) service of the notice under rule 3(7) of the 1993 Rules; or

(b) the direction made under rule 3(10) of those Rules,

as the case may be.

(3) The Court of Appeal may, instead of giving permission to appeal, direct that the notice under rule 3(7) of the 1993 Rules or (as the case may be) the direction under rule 3(10) of those Rules shall be of no effect so that the appeal shall proceed in the Employment Appeal Tribunal as if the notice or direction had not been given or made, but such a direction shall not be given unless the test for the grant of permission to appeal under rule 52.6(2) is met.]