C1C2C3C4C5C6F1PART 52APPEALS

Annotations:
Amendments (Textual)

SECTION IVAdditional rules

Respondent’s notice52.13

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 decision 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 F2at the hearing at which the decision to be appealed was made or any adjournment of that hearing; 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.

7

This rule does not apply where rule 52.12(4) applies.