The Civil Procedure Rules 1998

[F1 Who may exercise the powers of the Court of Appeal E+W

52.16— (1) A court officer assigned to the Civil Appeals Office who is—

(a) a barrister; or

(b) a solicitor

may exercise the jurisdiction of the Court of Appeal with regard to the matters set out in paragraph (2) with the consent of the Master of the Rolls.

(2) The matters referred to in paragraph (1) are—

(a) any matter incidental to any proceedings in the Court of Appeal;

(b) any other matter where there is no substantial dispute between the parties; and

(c) the dismissal of an appeal or application where a party has failed to comply with any order, rule or practice direction.

(3) A court officer may not decide an application for—

(a) permission to appeal;

(b) bail pending an appeal;

(c) an injunction^(gl);

(d) a stay^(gl) of any proceedings, other than a temporary stay of any order or decision of the lower court over a period when the Court of Appeal is not sitting or cannot conveniently be convened.

(4) Decisions of a court officer may be made without a hearing.

(5) A party may request any decision of a court officer to be reviewed by the Court of Appeal.

(6) At the request of a party, a hearing will be held to reconsider a decision of—

(a) a single judge; or

(b) a court officer,

made without a hearing.

[F2 (6A) A request under paragraph (5) or (6) must be filed within 7 days after the party is served with notice of the decision.]

(7) A single judge may refer any matter for a decision by a court consisting of two or more judges.

(Section 54(6) of the Supreme Court Act 1981(1) provides that there is no appeal from the decision of a single judge on an application for permission to appeal)

(Section 58(2) of the Supreme Court Act 1981(2)provides that there is no appeal to the House of Lords from decisions of the Court of Appeal that—

(a) are taken by a single judge or any officer or member of staff of that court in proceedings incidental to any cause or matter pending before the civil division of that court; and

(b) do not involve the determination of an appeal or of an application for permission to appeal,

and which may be called into question by rules of court. Rules 52.16(5) and (6) provide the procedure for the calling into question of such decisions)]

Textual Amendments

F1 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)

F2 Rule 52.16(6A) inserted (1.2.2004) by The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(a), 11

(1)

1984 c. 16.

(2)

1995 c. 21.