The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 52 E+W APPEALS

Textual Amendments

F1 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)

Modifications etc. (not altering text)

C1 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)

SECTION II E+W Permission to appeal – General

Determination of applications for permission to appeal to the Court of Appeal E+W

52.5.— (1) Where an application for permission to appeal is made to the Court of Appeal, the Court of Appeal will determine the application on paper without an oral hearing, except as provided for under paragraph (2).

(2) The judge considering the application on paper may direct that the application be determined at an oral hearing, and must so direct if the judge is of the opinion that the application cannot be fairly determined on paper without an oral hearing.

(3) An oral hearing directed under paragraph (2) must be listed—

(a) no later than 14 days from the date of the direction under that paragraph; and

(b) before the judge who made that direction,

unless the court directs otherwise.

(4) The Court of Appeal may, in any direction under paragraph (2)—

(a) identify any issue or issues on which the party seeking permission should specifically focus its submissions at the oral hearing in order to assist the court to determine the application; and

(b) direct the respondent to serve and file written submissions and to attend the oral hearing.]