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 IIPermission to appeal – General
Permission to appeal52.3
1
An appellant or respondent requires permission to appeal—
a
where the appeal is from a decision of a judge in the County Court or the High Court, or to the Court of Appeal from a decision of a judge in the family court, except where the appeal is against—
i
a committal order F9made in the County Court or by a single judge of the High Court not sitting on an appeal;
ii
a refusal to grant habeas corpus; or
b
as provided by Practice Directions 52A to 52E F8; or
F5c
where the appeal is from the decision of—
i
a Divisional Court in contempt proceedings;
ii
a single judge of the High Court made on appeal in contempt proceedings;
iii
the Court of Appeal in contempt proceedings; or
iv
the Court of Appeal in proceedings other than contempt proceedings.
(Other enactments may provide that permission is required for particular appeals.)
2
F7Unless the appeal is within paragraph (1)(c), 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 F3or any adjournment of that hearing; or
b
to the appeal court in an appeal notice.
(Rule 52.12 sets out the time limits for filing an appellant’s notice at the appeal court. Rule 52.13 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 52.12(1) and 52.13(3)).)
3
F6Unless the appeal is within paragraph (1)(c), where the lower court refuses an application for permission to appeal—
a
a further application for permission may be made to the appeal court; and
b
the order refusing permission must specify—
i
the court to which any further application for permission should be made; and
ii
the level of judge who should hear the application.
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)