The Civil Procedure Rules 1998

Appeal E+W

Rule 4—(1) Without prejudice to Order 55, rule 3 (2), the [F1 notice of appeal] by which an appeal against the decision of a Pensions Appeal Tribunal is brought must state the question of law on which the appeal is brought, the date on which permission to appeal was granted and whether such permission was granted by the judge or the Tribunal.

(2) Order 55, rules 3 (3) and 4 (2), shall not apply in relation to such an appeal, but the notice must be served and the appeal entered within 28 days after permission to appeal was granted.

(3) Within 28 days after service of the [F1 notice of appeal] on him, the chairman of the Tribunal must state a case setting out the facts on which the decision appealed against was based and must file the case in the Crown Office and serve a copy thereof on the appellant and on the respondent.

(4) Order 55, rule 5, shall apply in relation to such an appeal as if for the period of 21 days therein mentioned there were substituted a period of 6 weeks.

(5) At the hearing of the appeal the judge may order the case to be returned to the chairman for amendment.

(6) Order 55, rule 7 (2), shall not apply in relation to the appeal.

(7) A copy of the judge’s order on the appeal must be sent by the court officer to the appellant, the respondent and the chairman of the Tribunal.

Textual Amendments

F1 Words in Sch. 1 RSC Order 101 rule 4 substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 54

(1)

1943 c. 39.