C2C3C1F1PART 52APPEALS
Pt. 52 applied (24.2.2003) by S.I. 1991/1247, rule 10.27(4) (as inserted by The Family Proceedings (Amendment) Rules 2003 (S.I. 2003/184), rules 1(1), 16)
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))
Pt. 52 applied (24.2.2003) by S.I. 1984/265, rule 51(5)(6) (as inserted by The Adoption (Amendment) Rules 2003 (S.I. 2003/183), rules 1(a), 18(b))
F2Section III—Provisions about reopening appeals
Pt. 52 Section 3 inserted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 14
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.
Pt. 52 inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 5 (with rule 39(a)) (as amended by S.I. 2000/940, rules 1, 2)