C2C3C1F1PART 52APPEALS

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C3

Pt. 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))

F2Section III—Provisions about reopening appeals

Annotations:
Amendments (Textual)

Reopening of final appeals52.17

1

The Court of Appeal or the High Court will not reopen a final determination of any appeal unless—

a

it is necessary to do so in order to avoid real injustice;

b

the circumstances are exceptional and make it appropriate to reopen the appeal; and

c

there is no alternative effective remedy.

2

In paragraphs (1), (3), (4) and (6), “appeal” includes an application for permission to appeal.

3

This rule does not apply to appeals to a county court.

4

Permission is needed to make an application under this rule to reopen a final determination of an appeal even in cases where under rule 52.3(1) permission was not needed for the original appeal.

5

There is no right to an oral hearing of an application for permission unless, exceptionally, the judge so directs.

6

The judge will not grant permission without directing the application to be served on the other party to the original appeal and giving him an opportunity to make representations.

7

There is no right of appeal or review from the decision of the judge on the application for permission, which is final.

8

The procedure for making an application for permission is set out in the practice direction.