C1C2C3C4C5C6F1PART 52APPEALS
Pt. 52 applied (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024), rules 1, 12.58 (with rule 3(3), Sch. 2)
Pt. 52 applied (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 4.40 (with rule 1.2)
Pt. 52 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 4.37 (with rule 1.2)
Pt. 52 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 133(3) (with rule 4(1))
Pt. 52 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 236-239 (with rule 5)
Pt. 52 applied (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 129(3) (with rule 2)
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.
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)