C2C3C1C4C5C6C7C8C9F1PART 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))

I GENERAL RULES ABOUT APPEALS

Permission52.3

1

An appellant or respondent requires permission to appeal—

F13a

where the appeal is from a decision of a judge in F12the County Court or the High Court, except where the appeal is against—

i

a committal order;

ii

a refusal to grant habeas corpus; or

iii

a secure accommodation order made under section 25 of the Children Act 198919; or

b

as provided by F4Practice Direction 52.

(Other enactments may provide that permission is required for particular appeals)

2

An application for permission to appeal may be made—

a

to the lower court at the hearing at which the decision to be appealed was made; or

b

to the appeal court in an appeal notice.

(Rule 52.4 sets out the time limits for filing an appellant’s notice at the appeal court. Rule 52.5 sets out the time limits for filing a respondent’s notice at the appeal court. Any application for permission to appeal to the appeal court must be made in the appeal notice (see rules 52.4(1) and 52.5(3))

(Rule 52.13(1) provides that permission is required from the Court of Appeal for all appeals to that court from a decision of F12the County CourtF11, family court or the High Court which was itself made on appeal)

3

Where the lower court refuses an application for permission to appealF6—F7....

F8a

a further application for permission may be made to the appeal court; and

b

the order refusing permission will specify—

i

the court to which any further application for permission should be made; and

ii

the level of the judge who should hear the application.

4

F3Subject to paragraph (4A) F14and except where a rule or practice direction provides otherwise, where the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at a hearing.

F54A

a

Where a judge of the Court of Appeal or of the High Court, a Designated Civil Judge or a Specialist Circuit Judge refuses permission to appeal without a hearing and considers that the application is totally without merit, the judge may make an order that the person seeking permission may not request the decision to be reconsidered at a hearing.

b

For the purposes of subparagraph (a) “Specialist Circuit Judge” means F9... any F10Circuit Judge in the County Court nominated to hear cases in the Mercantile, Chancery or Technology and Construction Court lists.

4B

°Rule 3.3(5) will not apply to an order that the person seeking permission may not request the decision to be reconsidered at a hearing made under paragraph (4A).

5

A request under paragraph (4) must be filed within seven days after service of the notice that permission has been refused.

6

F2Permission to appeal may be given only where—

a

the court considers that the appeal would have a real prospect of success; or

b

there is some other compelling reason why the appeal should be heard.

7

An order giving permission may—

a

limit the issues to be heard; and

b

be made subject to conditions.

(Rule 3.1(3) also provides that the court may make an order subject to conditions)

(Rule 25.15 provides for the court to order security for costs of an appeal)